• Lex et Scientia International Journal

Publisher:
Universitatea Nicolae Titulescu
Publication date:
2010-10-15
ISBN:
2066-1886

Description:

In the year 1996 the Nicolae Titulescu University had the initiative of valorizing the materials presented in the annual communication sessions by publishing them into a volume that would follow the periodicity of such manifestations. Therefore, the first issue of the publication Informative Bulletin appeared in 1996. In 1998 the name of the publication was changed into 'Lex ET Scientia', headline under which it continued to appear on a yearly basis, except for year 1998, when three issues were published. Until year 2000 the publication appeared in a volume upon ISBN code; since 2001 until the present moment it has become of periodical regime, upon ISSN 1583-039x. The periodical is focused on sciences in the social-humanist and economic field: economy, law, administration, sociology.

Latest documents

  • ID theft in cyberspace

    Obtaining personal data, identification data, including data which allow the use of a electronic payment instrument, or any other data generated in the context of one person’s activities in the social, economic or financial life, without its consent or by deceit, if this occurs in computer systems or through electronic means of communications, should be considered as a crime and punished accordingly.

  • The distinctive features of European Criminal Law

    This study aims to analyze the case law of the ECJ and ECHR on the nature of administrative sanctions and their relation to criminal law. Also, some important criteria used by different Member States in their own legal systems in differentiating between criminal and administrative sanctions are presented. As it will be shown in this study, in establishing the difference between administrative and criminal offence sanctions, the case law of both the European Court of Human Rights and the Court of Justice of the European Union offer an indirect definition of criminal offence through its penalty. Thus, a certain behavior, if sanctioned in a procedure that could be labeled as ‘criminal procedure’, is necessarily a criminal offence.

  • Conflict of interest offence

    The following study aims to analyse the conflict ot interest provisions offence stipulated under Article 301 of the special part of the new Criminal Code. This adjustment aims criminal liability of public officials who, in the exercise of his duty, acquires an unjust material benefit for himself or for some people with whom he shares certain interests. Through this study we want to set a clear limit between this offence and the other service offences, as well as to highlight the need for such legislation.

  • Protection of drawings and patterns by administrative law means in intellectual property law

    According to the relevant Romanian legislation, i.e. Law no. 129/1992 on the protection of drawings and patterns and Government Decision no. 211/2008 for the approval of the Regulation enforcing Law no. 129/1992, rights over drawings or patterns may also be protected via administrative law. Administrative law means ensure the recognition of the right during the procedure of registering the drawings and patterns and of issuing the drawing or pattern registration certificate, which, as mentioned above, represents the protection title granted by OSIM for registered drawings and patterns. This category of means includes the opposition and challenge, which may be filed with the administrative authority ensuring the protection of drawings and patterns, i.e. the State Office for Inventions and...

  • New regulation of the graduates of higher educational institution's probation period

    Romanian Labor Code - Law no. 53/2001 has stipulated from its modification in 2011 (operated by the Law no. 40/2011), in art. 31, that the persons who had graduated a higher educational institution shall be considered in probation period during the first months after their debut in profession. Those professions in which the probation is regulated by special laws shall be exempted. The Labor Code did not developed the regulation of this kind of probation period, but it mentions that the modality of performing the probation period for the graduates of higher educational institutions shall be regulated by a special law. After almost three years after the Romanian Labor Code had been modified and begun to be applied the new normative content, the legislator enforced the regulation of the sp...

  • Qualifying legacy by particular title - A difficult task

    The current Civil Code in force, unlike the previous one, succeeds into making a clear and natural distinction between will - as a whole - and legacy - as the main testamentary provision. Unfortunately, it does not also provide flawless regulations in terms of the categories of legacies, which are classified according to their object (universal legacies, legacies by universal title and legacies by particular title). In what the legacy by universal title is concerned, the Civil Code in force contains some controversial provisions at article 1056 paragraph (2) letter c), which interfere also with the correct qualification of legacy by particular title. Then, the regulations of the legal regime applicable to the legatee by particular title also evince flaws, for instance at article 1114 ar...

  • Remuneration payable to performers for the broadcasting of phonograms. Types of phonograms

    The institution of copyright and related rights, as regulated in our system by Law nr.8/1996, deals with the protection of literary, artistic and scientific works and their creators. By a definition that has a tradition in our doctrine, the legal institution of copyright (generally speaking) means all the legal rules governing social relations that arise from the creation, publication and use of literary, artistic or scientific works. The moral and patrimonial rights of the author and neighboring rights stakeholders are protected both by the special law, mentioned above, and also by the common law provisions. Among them is included the Decree no.31/1954 concerning individuals and legal entities but also the Civil Code. One argued problem during the arbitrations, which take place at ORDA...

  • Brief considerations on the principles specific to the implementation of the European Union Law

    The principles specific to the implementation of EU law have as characteristic that they mark the specificity of EU law in relation to other legal orders, from national or international point of view. These principles include the principle of conferral, with multiple consequences on the entire EU system, but also the principle of subsidiarity, proportionality or of sincere cooperation.

  • Political pluralism and multiparty

    Political parties have made themselves noticed in history by competing for power and over time they have emerged as undeniable and indispensable realities in a political system regardless of its form. The Constitution of Romania recognised the role and historical importance of pluralism and political parties and dedicated them a place of honour in the general principles that establish our state as a democratic and social state of law. This article analyses the constitutional provisions on political parties, depicting the evolution of statutory regulations thereon over more than 100 years, during various political regimes. Last but not least, it also analyses concepts and points of view of the doctrine with respect to the subject matter, while also making references to the relevant const...

  • Theoretical and jurisprudential aspects concerning the constitutionality of the court appeal on points of law

    The institution of the appeal on points of law has the role to ensure a unitary law interpretation and enforcing by the law courts. The legal nature of this procedure is determined not only by the civil and criminal normative dispositions that regulate it. In this study we bring arguments according to which this institution is of a constitutional nature, because according to the Constitution, the High Court of Cassation and Justice has the attribution to ensure the unitary interpretation of the law by the law courts. Thus are analysed the constitutional nature consequences of this institution, the limits of compulsoriness of law interpretations given by the Supreme Court through the decisions ruled on this procedure, and also the relationship between the decisions of the Constitutional ...

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