Flavius Antoniu Baias, Facultatea de Drept a Universității din București, Valentin Cîlțea
"This study contains a detailed analysis of the Defense of refusal to perform and the Right of retention in the current Civil Code, with reference to the practice of the courts of law and to comparative law issues. Therefore, following the update of the two legal institutions, the present study mirrors the defense of refusal to perform with the right of retention (i.e. legal frame, notion, legal ground, characteristics, application domain, exercise’s conditions, operation’s mechanism, effects and transitional law). Following the examinations of the above-mentioned issues, both legal institutions are compared in order to outline the differences between them. By doing so, the article aims to settle the edge between these two means of judicial defense and to put an end to long debated controversies in the literature and judicial practice. Key-words: Civil Code; favor contractus; the rule of specific performance; the plea of breach of the contract/defense of refusal to perform/right to withhold performance of reciprocal obligation; right of retention; defense; statement of defense; counterclaim; synallagmatic contract; the special effects of synallagmatic contract; remedies for breach of contract; imperfect guarantee"
{"title":"Excepția de neexecutare a contractului și dreptul de retenție","authors":"Flavius Antoniu Baias, Facultatea de Drept a Universității din București, Valentin Cîlțea","doi":"10.31178/aubd.2020.09","DOIUrl":"https://doi.org/10.31178/aubd.2020.09","url":null,"abstract":"\"This study contains a detailed analysis of the Defense of refusal to perform and the Right of retention in the current Civil Code, with reference to the practice of the courts of law and to comparative law issues. Therefore, following the update of the two legal institutions, the present study mirrors the defense of refusal to perform with the right of retention (i.e. legal frame, notion, legal ground, characteristics, application domain, exercise’s conditions, operation’s mechanism, effects and transitional law). Following the examinations of the above-mentioned issues, both legal institutions are compared in order to outline the differences between them. By doing so, the article aims to settle the edge between these two means of judicial defense and to put an end to long debated controversies in the literature and judicial practice. Key-words: Civil Code; favor contractus; the rule of specific performance; the plea of breach of the contract/defense of refusal to perform/right to withhold performance of reciprocal obligation; right of retention; defense; statement of defense; counterclaim; synallagmatic contract; the special effects of synallagmatic contract; remedies for breach of contract; imperfect guarantee\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"1 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114109960","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 study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.
{"title":"COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?","authors":"Ion Gâlea","doi":"10.31178/aubd.2020.10","DOIUrl":"https://doi.org/10.31178/aubd.2020.10","url":null,"abstract":"The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"47 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":"114470521","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}
"In consumer dispute, litigation most of the time brings together a professional and a consumer who very often does not appear or appear alone in front of the judge, but does not really defend himself. The temptation of some judges here is to come to the aid of the party who does not appear or who does not defend himself well and therefore to apply the consumer protection rules ex officio. On this point, French and European case law has long been contradictory. In order to harmonize national law with European law, the French legislator confers to the judge the power to apply ex officio the provisions of the Consumer Code by means of the ex officio statement. The effectiveness of European consumer law, both protecting consumers and regulating the market, justifies the creation of an autonomous procedural law rather than an instrumentalisation of the ex officio recording of legal remedies. In these circumstances it is important to see the evolution of the recognition of the power of the judge ex officio, on the one hand, from the denial of said power to the faculty to do so (§ 1st) and, on the other hand, the power to waive ex officio the obligation to do so (§ 2nd)."
{"title":"Recunoașterea puterii din oficiu a judecătorului în litigii de consum","authors":"Olesea Plotnic, Dorin Dulgheru","doi":"10.31178/aubd.2020.06","DOIUrl":"https://doi.org/10.31178/aubd.2020.06","url":null,"abstract":"\"In consumer dispute, litigation most of the time brings together a professional and a consumer who very often does not appear or appear alone in front of the judge, but does not really defend himself. The temptation of some judges here is to come to the aid of the party who does not appear or who does not defend himself well and therefore to apply the consumer protection rules ex officio. On this point, French and European case law has long been contradictory. In order to harmonize national law with European law, the French legislator confers to the judge the power to apply ex officio the provisions of the Consumer Code by means of the ex officio statement. The effectiveness of European consumer law, both protecting consumers and regulating the market, justifies the creation of an autonomous procedural law rather than an instrumentalisation of the ex officio recording of legal remedies. In these circumstances it is important to see the evolution of the recognition of the power of the judge ex officio, on the one hand, from the denial of said power to the faculty to do so (§ 1st) and, on the other hand, the power to waive ex officio the obligation to do so (§ 2nd).\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"81 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":"116540062","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}
In this article, the author tries to clarify the relationship between the offence of violating the privacy of correspondence and the offence of unauthorized access to a computer system. The purpose is to test the scope of art. 302 of the Criminal Code in regard to electronic correspondence. Even if some would argue that the notion of correspondence stipulated in article 302 of the Criminal Code also covers electronic correspondence (e.g. an e-mail), the author concludes that only the offence provided under art. 360 of the Criminal Code is applicable. In this context, it is emphasized that the principle of lex certa prohibits the assimilation of the act consisting in opening of a correspondence with the act of accessing computer data. In the author’s point a view, any kind of electronic correspondence is in fact a communication which consists only in a set of computer data. Consequently, computer data cannot be opened but only accessed.
{"title":"Violarea secretului corespondenţei vs. accesul ilegal la un sistem informatic","authors":"George Zlati, Baroul Cluj","doi":"10.31178/aubd.2020.08","DOIUrl":"https://doi.org/10.31178/aubd.2020.08","url":null,"abstract":"In this article, the author tries to clarify the relationship between the offence of violating the privacy of correspondence and the offence of unauthorized access to a computer system. The purpose is to test the scope of art. 302 of the Criminal Code in regard to electronic correspondence. Even if some would argue that the notion of correspondence stipulated in article 302 of the Criminal Code also covers electronic correspondence (e.g. an e-mail), the author concludes that only the offence provided under art. 360 of the Criminal Code is applicable. In this context, it is emphasized that the principle of lex certa prohibits the assimilation of the act consisting in opening of a correspondence with the act of accessing computer data. In the author’s point a view, any kind of electronic correspondence is in fact a communication which consists only in a set of computer data. Consequently, computer data cannot be opened but only accessed.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"26 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":"124035829","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 Romanian Constitution, in art. 1 parag. 3, states that fundamental constitutional values such as human dignity, citizen rights and liberties, the free development of human personality, justice and political pluralism are to be understood through the spirit of the Romanian democratic traditions. Thus, working with traditions, we have to seek constitutional identity signs in the past, in order to see, in a wider analytical and institutional background, what defines the political identity of the Romanian people as a whole and as individuals (citizenship can be discussed in paradox terms). Such an academic endeavor can successfully turn into a book subject, considering its complexity and its inter, intra and pluri scientific field connections. In the limits of a research article, we will briefly explore the constitutional history of pre- and modern Romania (which is mainly a history of constitutional transplant). One of the aimed purposes of the paper is to discover the Romanian individual that constitutes the soul or matrix of the national state or to see if a Constitution really constitute constitutional identity.
{"title":"Repere de identitate constituțională în România pre- și post-comunistă","authors":"Răzvan Cosmin Roghină","doi":"10.31178/aubd.2020.05","DOIUrl":"https://doi.org/10.31178/aubd.2020.05","url":null,"abstract":"The Romanian Constitution, in art. 1 parag. 3, states that fundamental constitutional values such as human dignity, citizen rights and liberties, the free development of human personality, justice and political pluralism are to be understood through the spirit of the Romanian democratic traditions. Thus, working with traditions, we have to seek constitutional identity signs in the past, in order to see, in a wider analytical and institutional background, what defines the political identity of the Romanian people as a whole and as individuals (citizenship can be discussed in paradox terms). Such an academic endeavor can successfully turn into a book subject, considering its complexity and its inter, intra and pluri scientific field connections. In the limits of a research article, we will briefly explore the constitutional history of pre- and modern Romania (which is mainly a history of constitutional transplant). One of the aimed purposes of the paper is to discover the Romanian individual that constitutes the soul or matrix of the national state or to see if a Constitution really constitute constitutional identity.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"8 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":"121609459","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 new law of unfair terms contained in the modernized Moldovan Civil Code is more uniform across all types of contracts and more coherent, it protects contracting parties that adhere to the standard terms imposed in various scenarios of asymmetrical bargaining power. And although this regime was devised as a way to protect consumers against terms that they neither read nor understand fully, it incidentally protects businesses that have weaker bargaining power as well. While the Moldovan Civil Code did rely on the model rules contained in the Draft Common Frame of Framework (DCFR), it nonetheless took the less invasive German approach of not submitting to the test of unfairness all terms contained in business-to-business or non-business and non-consumer contracts, but only those contained in the exhaustive list laid down in art. 1077 of the code.
{"title":"Clauzele abuzive conform Codului civil al Republicii Moldova","authors":"Octavian Cazac","doi":"10.31178/aubd.2020.07","DOIUrl":"https://doi.org/10.31178/aubd.2020.07","url":null,"abstract":"The new law of unfair terms contained in the modernized Moldovan Civil Code is more uniform across all types of contracts and more coherent, it protects contracting parties that adhere to the standard terms imposed in various scenarios of asymmetrical bargaining power. And although this regime was devised as a way to protect consumers against terms that they neither read nor understand fully, it incidentally protects businesses that have weaker bargaining power as well. While the Moldovan Civil Code did rely on the model rules contained in the Draft Common Frame of Framework (DCFR), it nonetheless took the less invasive German approach of not submitting to the test of unfairness all terms contained in business-to-business or non-business and non-consumer contracts, but only those contained in the exhaustive list laid down in art. 1077 of the code.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"39 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":"127282426","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}
Andra-Roxana Trandafir, Facultatea de Drept a Universității din București
Following the state of emergency declared as a result of the COVID-19 pandemic, the Romanian legislator adopted in March 2020 an Emergency Ordinance which, among others, modified the Criminal Code and introduced a new offence, which sanctions the omission to declare certain information regarding the possibility to of having had contact with a person infected with a contagious disease. The paper underlines the deficiencies of these modifications, analyzing the lack of clarity of several notions used by the legislator, as well as the potential negative effects of such way of regulating criminal offences.
{"title":"Totul e atât de firesc în tăcerea noastră. Sau despre infracțiunea de omisiunea declarării unor informații","authors":"Andra-Roxana Trandafir, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2020.14","DOIUrl":"https://doi.org/10.31178/aubd.2020.14","url":null,"abstract":"Following the state of emergency declared as a result of the COVID-19 pandemic, the Romanian legislator adopted in March 2020 an Emergency Ordinance which, among others, modified the Criminal Code and introduced a new offence, which sanctions the omission to declare certain information regarding the possibility to of having had contact with a person infected with a contagious disease. The paper underlines the deficiencies of these modifications, analyzing the lack of clarity of several notions used by the legislator, as well as the potential negative effects of such way of regulating criminal offences.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"152 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":"123441833","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 European Union has faced an unprecedented health crisis in recent months, followed by a major economic crisis for member states. In accordance with the competences assigned to it by the Member States, the Union has acted in the medical, economic and financial fields, providing financial and logistical support to the Member States, however, at the beginning of the pandemic, it was observed that the Union faced at least two sensitive issues, namely the lack of visibility of its actions and the reaction of some Member States or acceding countries that were “abandoned” in the fight against the virus. Gradually, the Union institutions have begun to take concrete and effective measures, with a positive impact on both health and economic levels. At the same time, given that many Member States have triggered a state of emergency at national level which has involved, inter alia, the restriction of certain rights and freedoms, the European institutions have adopted certain similar restrictive measures, in particular movements of goods and persons; these restrictions must comply with the specific provisions of primary and secondary Union law, as well as the case law of the Court of Justice of the European Union. In conclusion, from the point of view of the legal analysis of the construction of the Union, it is important to follow the outlines of reflections on overcoming this crisis and how they will lead to the revision of the EU Treaties both in terms of institutional structure and competence."
{"title":"Eficacitatea măsurilor adoptate de Uniunea Europeană pentru sprijinirea statelor membre în perioada pandemiei de Covid-19","authors":"Mihaela-Augustina Dumitrașcu, Oana-Mihaela Salomia","doi":"10.31178/aubd.2020.13","DOIUrl":"https://doi.org/10.31178/aubd.2020.13","url":null,"abstract":"\"The European Union has faced an unprecedented health crisis in recent months, followed by a major economic crisis for member states. In accordance with the competences assigned to it by the Member States, the Union has acted in the medical, economic and financial fields, providing financial and logistical support to the Member States, however, at the beginning of the pandemic, it was observed that the Union faced at least two sensitive issues, namely the lack of visibility of its actions and the reaction of some Member States or acceding countries that were “abandoned” in the fight against the virus. Gradually, the Union institutions have begun to take concrete and effective measures, with a positive impact on both health and economic levels. At the same time, given that many Member States have triggered a state of emergency at national level which has involved, inter alia, the restriction of certain rights and freedoms, the European institutions have adopted certain similar restrictive measures, in particular movements of goods and persons; these restrictions must comply with the specific provisions of primary and secondary Union law, as well as the case law of the Court of Justice of the European Union. In conclusion, from the point of view of the legal analysis of the construction of the Union, it is important to follow the outlines of reflections on overcoming this crisis and how they will lead to the revision of the EU Treaties both in terms of institutional structure and competence.\"","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"150 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":"134502810","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 minority status places the offender in an area of vulnerability, which is often within the reach of a combination of factors that influence his attitude towards social values. For this category of offenders, a special criminal liability system has been regulated, with specific sanctions, and the choice of their nature and duration must not be made arbitrarily, as any solution should be predictable and motivated by reference to the degree of social danger of the deeds and the dangerousness of the perpetrator. In order to understand the extent of these concepts it is necessary to perform an analysis of the general individualization criteria of sentencing as they are presented and interpreted by the legal practice. The current regulation is not dependent on the „malum non habet aetatem” principle, which is why it is useful to understand the arguments on the basis of which the court individualizes the anti-criminal reaction, placing on one hand the malum element, and on the other the objective and subjective data regarding the deed-perpetrator dichotomy.
{"title":"Predictibilitate în individualizarea sancțiunilor. Studiu de jurisprudență asupra criteriilor de individualizare a măsurilor educative","authors":"Ștefana-Iuliana Sorohan","doi":"10.31178/aubd.2020.16","DOIUrl":"https://doi.org/10.31178/aubd.2020.16","url":null,"abstract":"The minority status places the offender in an area of vulnerability, which is often within the reach of a combination of factors that influence his attitude towards social values. For this category of offenders, a special criminal liability system has been regulated, with specific sanctions, and the choice of their nature and duration must not be made arbitrarily, as any solution should be predictable and motivated by reference to the degree of social danger of the deeds and the dangerousness of the perpetrator. In order to understand the extent of these concepts it is necessary to perform an analysis of the general individualization criteria of sentencing as they are presented and interpreted by the legal practice. The current regulation is not dependent on the „malum non habet aetatem” principle, which is why it is useful to understand the arguments on the basis of which the court individualizes the anti-criminal reaction, placing on one hand the malum element, and on the other the objective and subjective data regarding the deed-perpetrator dichotomy.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"16 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":"114442625","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}
Dorel Herinean, Facultatea de Drept a Universității din București
In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.
{"title":"Cauzele justificative și transmiterea unor boli infectocontagioase","authors":"Dorel Herinean, Facultatea de Drept a Universității din București","doi":"10.31178/aubd.2020.17","DOIUrl":"https://doi.org/10.31178/aubd.2020.17","url":null,"abstract":"In the context of the COVID-19 pandemic, this article analyses some possibilities provided by the law in order to protect the public health or the health of an individual, respectively the commission of certain actions sanctioned by the criminal law under the incidence of the justification causes, with the consequence of their lack of criminal character. Whether it is the means of retaliation or rescue that can be used by a person facing the transmission of infectious diseases, the actions necessary to prevent or combat the pandemic that the law authorizes or the availability or not of a person's health as a social value, the situations that may appear in the near future in the legal practice have not been previously studied by the doctrine and have an element of novelty. Thus, the article makes, based on some theoretical exercises, a punctual analysis of some problems of application and interpretation that could intervene and for which are offered, most of the times, generic, principled landmarks, but also some concrete solutions on the incidence or exclusion from the application of the justification causes.","PeriodicalId":142426,"journal":{"name":"Analele Universitării din București Drept","volume":"438 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":"122789806","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}