Perspectives of Law and Public Administration

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• The Fiduciary Management And Its Applications In The Romanian Law

  The fiduciary management represents, together with the fiduciary guarantee, the most used type of fiduciary contracts. This modality of fiducia has become the preferred way of using this institution in practice, a fact proved by the registrations in the National Register of Mobile Publicity. Moreover, this branch of the fiducia is in fact the archetype of this institution. The benefits of the fiduciary management are numerous and were only partially discovered in practice in Romania and through this study we want to highlight other benefits. Among the benefits of this type of fiducia with important implications in the civil circuit we mention the possibility of entrusting a patrimonial mass to some professionals in order to manage these assets as efficiently as possible, maximizing the profit generated by the fiduciary mass without the impediments related to the formalities required for a mandate, overcoming the problems related to representation of the beneficiary in the context of corporate, capital market or transaction deals. As regards the practical applications of fiduciary management, these can come from various fields of civil law. Among the most used we list the following: shareholder management in a commercial company, real estate management, management of a trust consisting of financial assets, management of civil lawsuits, management of assets owned by foreign residents, business management, management of the assets of minors / incapable. Keywords: fiduciary management, fiduciary, fiduciary contract, fiduciary benefits, applications of the fiducia

• (Im)Possibility To Recover The Damage Caused By Embezzlement After The Conviction To A Supervised Suspended Sentence

  The present paper intends to analyze the real and effective possibility of a civil party in a criminal trial to recover the damage created by the convicted person, under the conditions in which the criminal court orders the sentence to imprisonment but chooses as the option of executing the sentence, a supervised suspension. The basic idea of the present study starts from the possibility of the civil party to request the revocation of the suspension under supervision of the sentence applied to the convicted person, given that it has no other methods to recover his damage by other means of coercion. Present study aims to analyze the jurisprudential optics of the Romanian courts, notified with the solution of such a request, the argumentation being concentrated around the criteria in relation to which the conduct of the convicted person is analyzed during the probation period. The institution of the revocation of the suspended sentence under supervision established by the Romanian legislator is not adapted to the socio-economic conditions in Romania, in the sense that the provisions of the positive law do not establish the criteria in relation to which the criminal court can settle such a request. The academic and practical interest of the present approach is mainly given by the comparative presentation of the solutions pronounced in this field, starting from a specific case analyzed critically. The scope of addressability of the work is relatively extended, being useful not only to the legal practitioners: lawyers, executors, probation counselors, prosecutors, judges, etc., but also to the civil parties - natural or legal persons (public institutions or commercial companies), being in the impossibility of recovering the damage definitively found by a criminal decision convicting the defendant who committed mainly an economic offense, or subsidiary any offense against the patrimony. Keywords: economic crimes, embezzlement, damage, suspended sentence

• Multiethnic Principles Of Administration And Politics Of The International Community In Kosovo

  This paper aims to present and analyze the multiethnic principles of international community administration and policy in Kosovo during the period of international administration of Kosovo and the period of negotiations for the final status settlement of Kosovo. The international community has been neutral with the political aspirations of the people of Kosovo for self-determination and has implemented a policy that has essentially built a multiethnic political concept on Kosovo as a political entity. The imposition of these multi-ethnic principles in the construction of the state of Kosovo runs counter to many principles of the functioning of democratic states, whose sovereignty derives from the people, and governance is legitimized by the majority through democratic elections. The paper will conclude that despite the compromises made in the nature of the state of Kosovo with regard to the rights of minority communities in Kosovo, especially the Serb minority, the rejection of this minority towards Kosovo's institutions has increased due to the autonomy offered through the constitution, numerous laws and agreements negotiated in Brussels between Kosovo and Serbia. Keywords: multiethnic, politics, administration, international community, Kosovo

• Uzucapion In Conjunction With The Partial Absolute Nullity Of The Title Of Property

  Our objectives are to present a case study of a piece of land owned in adverse possession, with the surface of 200 sqm situated in Bucharest, although occupied for more than 28 years, which was the subject of a trial for adverse possession, this trial was lost on the merits, appeal and second appeal. Parallel with the promotion of the extraordinary way of attack of the revision, it promoted in the court a case for the absolute partial nullity of the title of property issue on the name of another person, a year before this title of property was obtained, this person sold the land to her son during the process of adverse possession performance. This case study shows that, by the partial absolute nullity of the title of property, the first owner runs the risk to lose 200 sqm of the title of property, all the subsequent documents being under nullity, not valid anymore. The research method used was the study of some passed judicial resolutions, of a title of property and some sales-purchase contract. The results of the research led us to the conclusion that the court in Romania was correct when it allowed that the City Hall send the file to the court, the administrative file which was at the base of issuing the title of property according to Law no. 18/1991. The results of the study show that in this case irregularities were done as far as the issuance of the title of property is concerned, considering that there were no proofs before 1989 for the given title of property. Our study implications are done in the sense of a more attentive check of the authorities in order to issue the title of property and their validity. Keywords: adverse possession, title of property, sales-purchase contract, absolute nullity, subsequent document

• Criminal Liability Of The Legal Person

  The legal person, with the exception of the state and the public authorities, is criminally liable for the crimes committed in the accomplishment of the activity object or in the interest or on behalf of the legal person. Public institutions are not criminally liable for the crimes committed in the exercise of an activity that cannot be the subject of the private domain. The criminal liability of the legal person does not exclude the criminal liability of the natural person who contributed to the commission of the same deed. The criminal liability of the legal person is direct and personal, which means that the eventual right of recourse of the legal person against the natural person who is responsible for committing the crime is exercisable on the basis of criminal civil liability. Pursuant to the principle of the territoriality of the criminal law, foreign legal persons who commit crimes on the Romanian territory will be criminally liable according to the Romanian criminal law. Keywords: criminal liability, legal person, criminal offense, criminal law

• Legal Instruments With An International Vocation That Regulate The Control Of Water Sediments

  The human being has been since the creation in full process of knowledge, of satisfying human needs but also of wellness, which represented on the one hand a progress, and on the other hand, it represented a forced acceleration of his life on earth, a situation that has created an exhaustion of all that means environment, disturbing the natural balance of nature and contributing to a significant degradation of environmental factors: atmosphere, water and soil. Water, as an environmental factor, essential and indispensable for human existence for survival, knowledge, wellness and progress, has become, in time, an exhaustible resource for the human being and the activities undertaken by it. Under the strong effervescence of the pressure of exhaustion and degradation of water resources, by the deposition of dangerous substances and materials, the necessity of creating new forms of constraint directed against those who disturb the natural balance of water resources was realized. These new forms of constraint and prevention of depletion of water resources, have taken the form of legal instruments meant to solve the problems arising in the prevention, protection and mention of water quality, but which will determine a sustainable progress for the population and for present and future generations. Keywords: water protection, environmental degradation, water degradation, legal norms

• Protection Of Religious Freedom In The Criminal Law Of Romania And Of The Republic Of Moldova

  This scientific article is devoted to the reconceptualization of the legal-criminal protection of religious freedom in the criminal law of Romania and of the Republic of Moldova. The purpose of this scientific message consists in the meticulous identification and analysis of the special legal object of the criminal offenses referred to in paragraph (2) art. 381 Romanian Criminal Code and art. 185 of the Criminal Code of the Republic of Moldova. On this occasion they were subjected to a thorough analysis: the European legislation in the field of religious freedom, the criminal and extra-legal legislation in the field of religious freedom in Romania and the Republic of Moldova, as well as the contemporary doctrine of recent years. Following the study carried out, certain legislative gaps were identified that can be easily removed by reviewing the incriminating framework of the criminal acts that affect the religious freedom of the person. The conclusions of the broad law and the recommendations de lege ferenda created under the empire of the latest legislative tendencies at European level can be taken into account in the legislative process. Keywords: religious freedom; religious belief; the right to religious belief; religious worship; esoteric worship; spiritual worship; attacks on religious freedom

• Jus Cogens (Peremptory Norms) - A Key Concept Of The International Law

  One of the most important concept of international law, jus cogens, still has a controversial significance. Jus cogens is a Latin term meaning a mangatory or compelling law, and it refers to the peremptory norms of general international law from which derogation is forbidden. Despite the formal recognition of this legal concept, based on articles 53 and 64 of the 1969 Vienna Convention on the Law of Treaties, regarding the nullity of the provisions of a treaty which come into conflict with a peremptory norm, jus cogens has a wider application in the international realm than the law of treaties. Therefore, jus cogens can appear in different forms, such as treaty law, customary law, general principles of law, etc., according to the content of the norms. This paper aims to analyse the significance of this legal concept, the role of it in international law and the relevance of it for the international doctrine and the jurisprudence of international courts. Keywords: international law, jus cogens, peremptory norm, international public order

• Waiving The Criminal Prosecution According To The Decision Of The Constitutional Court No. 23/2016

  In the present paper we have examined the institution of waiving the criminal prosecution, as provided in the current law, a text which was modified after the publication of the Decision of the Constitutional Court no. 23/2016. We also considered the formulation of critical opinions regarding the possible existence of other elements of unconstitutionality in the text in force. A very important aspect is the notification of the absence in the text, of some provisions that condition the application of the institution on the need to repair the prejudice caused to the victim. The paper can be useful to students and master students of the country's faculties, as well as practitioners in the field. Also, the work can be useful to the legislator for operating some changes in the current content of the text that regulates this institution. Keywords: crime; critical opinions; de lege ferenda proposals; criteria

• Aspects Regarding The Notion Of Professionals And The Classification Of Professionals

  The work summarizes the theoretical consequences of introducing the notion of "professional" in the New Civil Code. This notion outlines a new conception in the commercial or business law doctrine, being an effect of replacing the old term "trader" (natural person or legal person) used for a long time, not only by theoreticians, but also by practitioners with the complex term "professional trader". Thus, not only the notion of professional is of interest here, but also the classification of professionals. Moreover, with the entry into force of the New Civil Code, the old objective concept of defining commercialization, set by the old Commercial Code from 1887 (implicitly repealed by the New Civil Code, on October 1, 2011), was abandoned and a formal criteria was introduced, procedurally regarding the definition of commerciality (registration in the Trade Register of any professional trader, be it a natural person or a legal person). Keywords: professional, New Civil Code, professional trader, professional non-trader, uniqueness of private law

Featured documents

• Protection Of Religious Freedom In The Criminal Law Of Romania And Of The Republic Of Moldova

  This scientific article is devoted to the reconceptualization of the legal-criminal protection of religious freedom in the criminal law of Romania and of the Republic of Moldova. The purpose of this scientific message consists in the meticulous identification and analysis of the special legal...

• Renewable Energy Sources. Some Considerations On The Approach Of Energy Crops At National Level To The European Context

  The new climatic, industrial, economic and social realities, as well as their evolving perspectives, have led in the last decades to a particularly careful approach to renewable energy sources. Thus, clear objectives for ensuring public regulations and policies favoring the development and use of...

• Public Office And The Civil Servant In The European Union

  The civil servants of the European Union represent the people who have been appointed to work in the permanent department of an institution of the European Union, according to a written document issued by an authority invested by the respective institution with such powers. Their juridic regime...

• Some Considerations On The Offense Of Favoring The Offender In The Romanian Criminal Law

  In this paper we have considered the offense of favoring the perpetrator in terms of constitutive content, the cause of non-punishment, some legislative precedents and the transitional situation in which we are with the entry into force of the Criminal Code. Also, on the occasion of the examination,...

• Constitutional Human And Citizen Rights To Entrepreneurial Activity

  An important factor in the development of modern society and a means to form a social state with the rule-oflaw is the constitutional declaration of human rights and freedoms as the highest value. However, formal recognition of democratic and broad rights and freedoms does not imply the instant...

• A New Perspective On The Basics Of Civil Tort Liability In The Current Civil Code

  The institution of Tort Criminal Responsibility faced this millennial beginning with a real "crisis" by affirming reformist ideas placed between tradition and modernity, present and future, subjective and objective. The increase and diversification of the damage, on the one hand, but also the real...

• The Crime Of Traffic Of Influence In The New Incrimination Formula

  Corruption is an extremely complex phenomenon, contrary to the democratic principle, manifested negatively in both domestically and internationally. Thus, mainly internally, corruption generates distrust in the institutions of the state and the administration of justice, affects economic progress...

• Recognition And Execution Of Foreign Arbitration Judgments

  International commercial arbitration system is enshrined in both national legislation and international conventions. The power of the arbitrators to resolve the dispute is conferred by the parties, who agree that their litigation be brought to the attention of private individuals. To that end, the...

• The Right To Reply From A Measure For Restoring The Right To Dignity To A Personality Right

  The right to dignity is fundamentally linked to the human being. Any breach thereof must give the holder the opportunity to repair the prejudice caused. Most of the time the prejudice is primarily non-patrimonial, which makes it more difficult to remedy. The right of reply gives the interested...

• Lesion In Contracts Between Professionals

  The current study aims to bring to the foreground a practical perception of lesion, both as a vice of consent and as a mechanism for balancing a contract, by putting this institution in the context of modern economic reality. Section I offers a short historical analysis of lesion in Romanian law,...