The minimum sentences, that is to say the sentences for which the legislator imposes the pronouncement of a minimum quantum, have in French criminal law a chaotic history which reflects a measured confidence of the legislator in the judge for the sentencing. While they disappeared with the reform of the Penal Code in 1994, it seems that the minimum sentences are gradually returning in French criminal law.
{"title":"Minimul special al pedepsei în Dreptul francez: între întuneric și lumină","authors":"Anne Ponseille","doi":"10.31178/aubd.2019.01","DOIUrl":"https://doi.org/10.31178/aubd.2019.01","url":null,"abstract":"The minimum sentences, that is to say the sentences for which the legislator imposes the pronouncement of a minimum quantum, have in French criminal law a chaotic history which reflects a measured confidence of the legislator in the judge for the sentencing. While they disappeared with the reform of the Penal Code in 1994, it seems that the minimum sentences are gradually returning in French criminal law.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"253 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122378700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The French revolutionary model of ownership is presented in comparison with his Romanian replica. Despite the identity of the legal formulas used, as the Romanian Civil Code of 1864 is, in its essence, just a translation of The Napoleon Code, the concept of ownership is reflected in the legal culture of the two countries, strongly influenced by the socio-political context of each of them. A certain syncope can be observed in the evolution of ownership traits, in Romanian law compared to its French model. Strangely, the current Romanian notion of ownership right is closer to that of the Napoleon Code than the current figure of its French model.
{"title":"Proprietatea în dreptul român și modelul său francez: o evoluție în contratimp","authors":"Adina Buciuman","doi":"10.31178/aubd.2019.05","DOIUrl":"https://doi.org/10.31178/aubd.2019.05","url":null,"abstract":"The French revolutionary model of ownership is presented in comparison with his Romanian replica. Despite the identity of the legal formulas used, as the Romanian Civil Code of 1864 is, in its essence, just a translation of The Napoleon Code, the concept of ownership is reflected in the legal culture of the two countries, strongly influenced by the socio-political context of each of them. A certain syncope can be observed in the evolution of ownership traits, in Romanian law compared to its French model. Strangely, the current Romanian notion of ownership right is closer to that of the Napoleon Code than the current figure of its French model.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121914527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
"Usually considered illegal in the French civil law tradition, the sale of another's property is in reality the subject of more subtle treatment in positive law. From an absolute ban in 1804, the treatment is now more nuanced, with a tolerance for the sale of other people's things in many cases. This veiled admission should not come as a surprise. On the contrary, it deserves to be supported, since it is adapted to current forms of sale, particularly for consumer goods, restoring a clearer border between the formation and performance stages of the contract."
{"title":"Vânzarea bunului altuia în dreptul civil francez","authors":"Philippe Chauviré","doi":"10.31178/aubd.2019.08","DOIUrl":"https://doi.org/10.31178/aubd.2019.08","url":null,"abstract":"\"Usually considered illegal in the French civil law tradition, the sale of another's property is in reality the subject of more subtle treatment in positive law. From an absolute ban in 1804, the treatment is now more nuanced, with a tolerance for the sale of other people's things in many cases. This veiled admission should not come as a surprise. On the contrary, it deserves to be supported, since it is adapted to current forms of sale, particularly for consumer goods, restoring a clearer border between the formation and performance stages of the contract.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133028454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Claudia Roșu, Facultatea de Drept a Universităţii de Vest din Timişoara, Alin Speriusi-Vlad
"The authors analyzed the decision of the Supreme Court by an appeal in the interest of the law, regarding the possibility of the party fined according to art. 187 parag. (1) pt. 1 let. a) Code of Civil Procedure, for the introduction, in bad faith, of a civil action, accessory, additional or incidental requests, as well as for the exercise of some appeals, obviously unfounded, by the same decision by which these requests were solved, to submit in the appeal filed to the superior court, criticisms concerning the judicial fine. In the opinion of the authors, the correct interpretation is that these criticisms can be formulated in the appeal filed to the superior court, together with all the other criticisms regarding the solution of the lower court, when the fine was applied by the same decision by which those requests were solved."
{"title":"Consideraţii critice referitoare la Decizia nr. 12/2020, pronunţată de Înalta Curte de Casaţie şi Justiţie – Completul pentru soluţionarea recursului în interesul legii","authors":"Claudia Roșu, Facultatea de Drept a Universităţii de Vest din Timişoara, Alin Speriusi-Vlad","doi":"10.31178/aubd.2020.03","DOIUrl":"https://doi.org/10.31178/aubd.2020.03","url":null,"abstract":"\"The authors analyzed the decision of the Supreme Court by an appeal in the interest of the law, regarding the possibility of the party fined according to art. 187 parag. (1) pt. 1 let. a) Code of Civil Procedure, for the introduction, in bad faith, of a civil action, accessory, additional or incidental requests, as well as for the exercise of some appeals, obviously unfounded, by the same decision by which these requests were solved, to submit in the appeal filed to the superior court, criticisms concerning the judicial fine. In the opinion of the authors, the correct interpretation is that these criticisms can be formulated in the appeal filed to the superior court, together with all the other criticisms regarding the solution of the lower court, when the fine was applied by the same decision by which those requests were solved.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115987122","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
George-Alexandru Lazăr, Facultatea de Drept a Universității din București, Dorel Herinean
This year, the paper entitled „The criminal liability of the moral persons” by Associated professor PhD Andra-Roxana Trandafir was published under the edit of C.H. Beck Publishing house. The paper combines the research, didactic and professional experience of the author, aspects that provide the work with a practical and holistic approach. We appreciate, based on what is presented in this review, that this LL.M course is the most complete and current study on this subject and a necessary reading for any student or practitioner in criminal law.
{"title":"Recenzie „Răspunderea penală a persoanei juridice” de lect. univ. dr. Andra-Roxana Trandafir","authors":"George-Alexandru Lazăr, Facultatea de Drept a Universității din București, Dorel Herinean","doi":"10.31178/aubd.2020.18","DOIUrl":"https://doi.org/10.31178/aubd.2020.18","url":null,"abstract":"This year, the paper entitled „The criminal liability of the moral persons” by Associated professor PhD Andra-Roxana Trandafir was published under the edit of C.H. Beck Publishing house. The paper combines the research, didactic and professional experience of the author, aspects that provide the work with a practical and holistic approach. We appreciate, based on what is presented in this review, that this LL.M course is the most complete and current study on this subject and a necessary reading for any student or practitioner in criminal law.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128622287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."
{"title":"Scurte considerații asupra condițiilor speciale de valabilitate și asupra efectelor testamentelor privilegiate","authors":"George-Alexandru Stan","doi":"10.31178/aubd.2020.15","DOIUrl":"https://doi.org/10.31178/aubd.2020.15","url":null,"abstract":"\"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129190427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Liviu Gheorghe Zidaru, Facultatea de Drept a Universității din București
The SARS-COV2 Pandemic represents a challenge for the Romanian justice system. The traditional approach, where all parties are summoned physically in the court room – and even at the same time –is not sustainable any longer. New procedural rules are necessary. Different hours for different cases is already a reality in many courts and it should become the day-to-day rule. In addition, trials through videoconferences and in written proceedings only should be made possible by the Civil Procedure Code. At the same time, Romania should begin the lengthy process of implementing the electronic file.
{"title":"Adaptarea activității de judecată în materie civilă în contextul pandemiei și ulterior acesteia","authors":"Liviu Gheorghe Zidaru, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2020.12","DOIUrl":"https://doi.org/10.31178/aubd.2020.12","url":null,"abstract":"The SARS-COV2 Pandemic represents a challenge for the Romanian justice system. The traditional approach, where all parties are summoned physically in the court room – and even at the same time –is not sustainable any longer. New procedural rules are necessary. Different hours for different cases is already a reality in many courts and it should become the day-to-day rule. In addition, trials through videoconferences and in written proceedings only should be made possible by the Civil Procedure Code. At the same time, Romania should begin the lengthy process of implementing the electronic file.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133074805","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Horia-Nicolae Țiț, Facultatea de Drept a Universității „Alexandru Ioan Cuza” din Iași
Art. 713 parag. (3) of the Civil Procedure Code establishes the prohibition to invoke, by way of a subsequent enforcement appeal, certain motives that existed at the date when a previous enforcement appeal was filed, at the same time allowing the appellant to complete his request with new motives, provided the deadline for submitting the appeal is met in respect thereof. This article analyses the two theses of the enunciated legal provisions, determining the correlation with the common law provisions and trying to clarify their applicability in concrete cases. The key interpretations stated in the doctrine are highlighted and a new interpretation is hereby proposed, while the conclusions comprise a lege ferenda proposal.
{"title":"Considerații cu privire la interpretarea art. 713 alin. (3) din Codul de procedură civilă","authors":"Horia-Nicolae Țiț, Facultatea de Drept a Universității „Alexandru Ioan Cuza” din Iași","doi":"10.31178/aubd.2020.04","DOIUrl":"https://doi.org/10.31178/aubd.2020.04","url":null,"abstract":"Art. 713 parag. (3) of the Civil Procedure Code establishes the prohibition to invoke, by way of a subsequent enforcement appeal, certain motives that existed at the date when a previous enforcement appeal was filed, at the same time allowing the appellant to complete his request with new motives, provided the deadline for submitting the appeal is met in respect thereof. This article analyses the two theses of the enunciated legal provisions, determining the correlation with the common law provisions and trying to clarify their applicability in concrete cases. The key interpretations stated in the doctrine are highlighted and a new interpretation is hereby proposed, while the conclusions comprise a lege ferenda proposal.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115450587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Marie Annik Grégoire, Facultatea de Drept a Universității din Montréal
During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. This text presents the evolution of the ideology of Quebec human rights law since the first codification in 1866, to show that from a philosophy strictly focused on the protection of heritage, it has evolved towards the values of equality, autonomy, dignity and freedom.
{"title":"Evoluția ideologiei în dreptul persoanelor din Quebec","authors":"Marie Annik Grégoire, Facultatea de Drept a Universității din Montréal","doi":"10.31178/aubd.2020.01","DOIUrl":"https://doi.org/10.31178/aubd.2020.01","url":null,"abstract":"During the Quebec-Romania bilateral days held as part of the celebrations of the 160th anniversary of the Faculty of Law of the University of Bucharest, the speakers were invited to present the state of the law in their respective jurisdictions based on the common French root. This text presents the evolution of the ideology of Quebec human rights law since the first codification in 1866, to show that from a philosophy strictly focused on the protection of heritage, it has evolved towards the values of equality, autonomy, dignity and freedom.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115474401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Radu Rizoiu, Facultatea de Drept a Universității din București
"The recent medical crisis triggered by the SARS Cov-2 virus reopened the public debate on the effects force majeure has upon the (performance by the parties of the) contractual obligations. Aside of (re)discovering the legal conditions required for an event to be qualified as force majeure, the legal issues raised by the effects of such event were more urgent. The fact that the Government passed special (albeit temporary) regulations seemingly altering the general rules added to the complexity of the analysis. In this paper we tried to capture those elements that are specific to the effects a force majeure event has on the performance of the banking services agreement. We focused on the various forms of banking credit operations as well as on some forms of deposit of funds. We noticed that the effect of the force majeure can be much flattened (until it can be mostly ignored) when the subject matter of the contract concerns (amounts of money) looked at as essentially fungible goods."
{"title":"Când debitorul nu mai poate să plătească: Urgența în contractele de servicii (bancare)","authors":"Radu Rizoiu, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2020.11","DOIUrl":"https://doi.org/10.31178/aubd.2020.11","url":null,"abstract":"\"The recent medical crisis triggered by the SARS Cov-2 virus reopened the public debate on the effects force majeure has upon the (performance by the parties of the) contractual obligations. Aside of (re)discovering the legal conditions required for an event to be qualified as force majeure, the legal issues raised by the effects of such event were more urgent. The fact that the Government passed special (albeit temporary) regulations seemingly altering the general rules added to the complexity of the analysis. In this paper we tried to capture those elements that are specific to the effects a force majeure event has on the performance of the banking services agreement. We focused on the various forms of banking credit operations as well as on some forms of deposit of funds. We noticed that the effect of the force majeure can be much flattened (until it can be mostly ignored) when the subject matter of the contract concerns (amounts of money) looked at as essentially fungible goods.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128127713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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