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This article supports the thesis that fear is a social product and brings up theories and analyses that deal in detail with the sociological dimension of this emotion, namely the sociology of emotions and the culture of fear. The sociology of emotions brings into question the predisposition of individuals to develop a certain level of fear according to their own cognitive patterns, the resources available for expressing emotional states, the existing social norms, while the culture of fear approaches this emotion as a result of the influences of sociocultural contexts and circumstances in which fear is produced and distributed. As an ever-changing social product, fear is analyzed through defining concepts such as risk, uncertainty, or trust. Thus, an awareness of individuals on the dangers, risks, but also the confrontation with uncertainties generates a high level of fears and worries. Similarly, a lack of trust in a society fuels a growing fear culture. As a defining feature of modern society, fear is present in any context, regardless of the profile of individuals or the nature of social relationships in that context. Thus, individual and collective efforts are directed towards managing fears, preventing the expected impact of risks and dangers felt. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

From a sociological perspective, the trust placed in others varies according to individual or situational variables, the knowledge developed by the individual, the cognitive process followed by him, the nature of the projected relationship, status, power relations within the social network, and social representations. Trust is a basis for building groups, with the role of reducing the complexity of social relations, substantiating decisions, actions and behaviors (Schmitz & Eckert, 2022). From the analysis of the results of the opinion polls conducted on this subject, we have found that a constant of the last three decades is a crisis of trust, visible in the way Romanian subjects relate to the Other, to the authorities, to the political systems and institutions, especially in moments of strong social and emotional load (such as the COVID-19 pandemic, the war in Ukraine). In Romania, the levels of mistrust measured by the polls conducted by IRES, INSCOP, IPSOS, CURS and LARICS, in recent years, have varied according to electoral periods, media campaigns and economic changes and have generated either waves of solidarity and social activism or total passivity (Sztompka, 2003). Developed on a background of growing pessimism of those surveyed, fueled by negative experiences in society, associated with phenomena on the public agenda and the media (corruption, nepotism), but also inherited from the communist period, the low level of trust today characterizes a large part of our contemporary society and constantly influences many dimensions and variables of their lives. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The main goal of this study is to analyse some particular cases concerning the legal regulation of multiple offences in the case of minors. By analysing both the Criminal Code and the relevant case law we found that there are significant issues in this field, as the relevant legal provisions are fundamentally different from those concerning adults. We find that there are situations where the issues can be solved by systematic interpretation, situations where interpretation must fill voids in the legislation and situations in which legislative mismatches create unequitable results, that must be identified. Also, the system of replacement or extension of educational measures, by itself, raises certain issues that we believe deserve attention. After some (very) succinct briefing on the theoretical background, we will analyse, one by one, some situations which could raise problems concerning plurality of offences in the case of minors and we will try to propose reasonable solutions to them, supported by current law. [ABSTRACT FROM AUTHOR]

The paper aims to analyze the establishment of precautionary measures in the case of tax evasion crimes. In the first part of this article, we address some introductory aspects related to the procedural measures, later focusing on the precautionary measures regulated by the criminal procedural law. Although the rule is that the freezing of some assets during the criminal process follows the rules established by the Code of Criminal Procedure, there are several provisions included in special laws that aim the initiation of precautionary measures. Such a special provision is included in the text of art. 11 of Law no. 241/2005, which establishes the obligation to dispose of precautionary measures in case of committing a tax evasion crime. Although the legal text passed the constitutionality test, finding that the mandatory establishment of the measures does not affect the constitutional provisions, the text still generates controversies in terms of its application. Thus, the present study aims to clarify the procedural moment in which the provisions of art. 11 of Law no. 241/2005 are applicable, referring also to the fact that in practice the national courts have pronounced different solutions. [ABSTRACT FROM AUTHOR]

Using the method of qualitative research, the investigation aimed to describe the perception of socio-medical workers involved in programs for pregnant women and mothers with children between 0 and 5 years living in disadvantaged rural communities, with regard to the factors that lead to the phenomenon of hesitancy towards vaccination shown by parents. The data obtained from 12 interviews were analyzed based on the three determinants (confidence, convenience and complacency) that make up the explanatory model of the Sage Working Group on Vaccine Hesitancy. Although different from one community to another and with distinct accents for certain types of vaccine, the parents’ level of hesitancy towards vaccination, from the perspective of these specialists, can be overcome. However, the rejection of optional vaccines and the reluctance towards new vaccines (anti-HPV and anti-Covid-19) remain serious impediments. Therefore, achieving a high rate of vaccination acceptance depends, to a large extent, on establishing trust relationships with the family physicians and field socio-medical teams which initiate and maintain direct interactions while covering the varied social, information and counseling needs of parents. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the first part of this article we approach some introductory issues related to the referral to the High Court of Review and Justice for a preliminary ruling to settle legal issues. In the second part are presented the conditions of admissibility of the procedure established by art. 475 of the New Criminal Procedure Code. As an incidental matter, prior to the substantive assessment of the referral to the High Court of Review and Justice, the procedure must cumulatively meet the conditions of admissibility. In the third part, we focused on an existing issue at the Panel for ruling on legal matters, highlighted by the non-uniform judicial practice. The central element concerns the admissibility of the referral to the High Court of Review and Justice in the preliminary chamber stage. The non-unitary solutions were generated by the ambiguous meaning of the phrase „the settlement on the merits of the respective case", given that the preliminary chamber stage represents only a review of the legality of the criminal prosecution phase, with no possibility to reach a judgment on the criminal or civil action of the case at this stage. In this regard, our article seeks to advance a solution to this issue through an evaluation of the judicial practice of the High Court of Review and Justice - the Panel for ruling on criminal legal matters - related to art. 475 of the New Criminal Procedure Code. [ABSTRACT FROM AUTHOR]

The evolution of modern society, the economic changes, and the acceleration of the formation of new companies have required, among other things, the adoption of rules to protect employees in the event of transfer of companies. In its case-law, the European Court of Justice has clarified the objectives related to whom the Member States must respond in order to give adequate protection to workers' rights. The transfer may not affect the principle of legal certainty, social employment relations or the workers' rights provided for in the applicable individual employment contract and collective bargaining agreement. The transfer itself cannot constitute a reason for individual or collective dismissal, as shown in several European and national court rulings. [ABSTRACT FROM AUTHOR]

The first part of this articol aims to identify the legal nature of reopening criminal proceedings, taking into consideration the fact that in the old criminal procedure legislation, this case was subsequently introduced and concerned only a particular situation, namely extradition or surrender on the basis of a European arrest warrant, but also due to the fact that in regard to the applicable procedure, the text of art. 5221 referred to the provisions of art. 404-408 Code of Criminal Procedure from 1968, that were meant to be reviewed. The second part of this paper focuses on clarifying the notion of „trial in absentia" as this represents the main element around which all regulation revolves. The circumstances under which a person is considered to be tried in absence are closely linked to the „criminal proceedings", however, both the literature and the judicial practice have encouraged different opinions, with direct consequences on the admissibility of the appeal. In the final part, we brought to attention the means of proof that can be administered in the procedure of reopening the criminal trial, as current regulations seem to limit probation to documents only, although in its practice, the European Court of Human Rights has stated otherwise. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The protection order is a complex tool through which people who are victims of domestic violence can be protected to guarantee their personal integrity and freedom, both physical and mental, from the aggressor. Both the victim and the aggressor are qualified subjects, the relationship between them being one of a family type, but without limiting the applicability of the protection order to the family framework as governed by the civil law in general, but to an extended framework that takes into account people who have interpersonal relationships similar to those between members of the same family or people living together. [ABSTRACT FROM AUTHOR]

The year of 2020 was an atypical year in what concerns both the employer-employee relationship, but also when looking to the ordinary performance of the labour agreements. No matter if it was a suspension or temporary cessation of the normal business activity, the revenues reduction was mainly felt by employees whose labour agreements were adjusted accordingly and whose income decreased during the pandemic period. This is also the reason why, in line with the mandatory case law of the CJEU, Member States shall continue to work toward the clearest possible fulfillment of the obligation to guarantee the employees' rights. We will analyze in the following paragraphs, the main means and methods for protecting the employees' rights in the context where the employer is facing an insolvency procedure. The state of insolvency, as a factual matter, means giving the employer a chance of effective and real recovery, with the possibility of reintegrating the employer into ordinary civil circuit. It is clear that, in the course of insolvency proceedings, the employees working for the affected company will be the first ones to suffer from the lack of financial resources of the employer, who, in this case will not be able to pay their salaries. Of course, this situation requires adequate protection of the employees' rights and interests. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Being based upon a comprehensive analysis of the case law of the European Court of Human Rights and the European Court of Justice, as well as upon the national and European published literature, this paper started from the premise that a fair balance must be struck between the interest of the society to effectively repress an antisocial conduct and the individual interest not to be repeatedly prosecuted or punished for the same action -- which might prove difficult to implement, especially given the recent reconfiguration of the principle ne bis in idem. As a consequence of an obviously deficient supranational legislation, which boiled down to an extremely volatile jurisprudence of the European courts, ne bis in idem has had a remarkable evolution with the passage of time, being expected to evolve even more in the upcoming future. Even though at the moment the desideratum with respect to the existence of benchmarks for the uniform interpretation and application of this fundamental procedural guarantee has been seemingly achieved, several doubts have been raised as regards specific cases of apparent violation of the principle ne bis in idem -- which will certainly remain topical issues until further clarification from the European judicial practice. This study was made for the purpose of revealing the main controversial aspects and uncertainties existing in the literature and jurisprudence with regard to the meaning and scope of the principle ne bis in idem, but also to supply necessary clarifications and identify possible solutions given the national substantial and procedural criminal legislation. [ABSTRACT FROM AUTHOR]

In this study we aim to prove that insolvency (bankruptcy) procedures are meant to protect the debtor and its creditors alike, including the ones that participate in criminal proceedings. Insolvency procedures are carried out under the supervision and control of the bankruptcy judge. It also implies completion of certain steps, expressly provided by the law, characterised by continuity and expeditiousness. At the same time, the notions of "dissolution" and "liquidation" are not bankruptcy-specific, but rather common in the life of legal persons. The aim of preventive measures in criminal proceedings against legal persons is to prevent absconding. The notion of "absconding" is intrinsically tied to a fraudulent attempt to elude criminal prosecution. The logical interpretation of Article 493 para. (1) letter a) from the Code of Criminal Procedure leads to the conclusion that the preventive measure cannot be applied during insolvency procedures, because there is no absconding. The procedure is defined by law and supervised by a specialised judge. It is impossible for the legislator to have envisioned a conflict of powers between two judges from different sections of the courts. De lege lata, there are cases in which a transfer of criminal responsibility operates. Also, the fate of civil damages in the criminal proceedings is prescribed by law, even if the deletion of the legal person occurs before the end of the criminal trial. Lastly, the effects of the preventive measure found in Article 493 para. (1) letter a) from the Code of Criminal Procedure over insolvency proceedings would be negative for all parties involved, including creditors from the criminal proceedings. Therefore, the Courts cannot, pursuant to Article 493 para. (1) letter a) from the Code of Criminal Procedure prohibit the start of the insolvency proceedings or suspend them, even as far as prohibiting the dissolution or liquidation that takes place in this legal framework. [ABSTRACT FROM AUTHOR]

Nullifying procedural acts and excluding evidence are, probably, the toughest sanctions that national procedural legislation enshrines. They are, by virtue of their nature, the procedural institutions that bear the most importance in determining the outcome of a trial. Whilst both the ECHR and the CJEU tend to avoid establishing clear cut rules concerning procedural sanctions, some principles can be extracted from their case law, to help aid interpretation of national law. The present study pleads for integrating the European conception in national law by means of reviewing the conceptual approach behind nullity and exclusion of evidence. It proposes an alternative manner of analysing the concept of "harm", cantered on a three-step test for determining violation of human rights. In this context, several modern theories are illustrated, showing the advantages of integrating them in the practice of national authorities. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Sometimes, although substantial provisions establish that a certain factual conduct fulfils the requirements for several crimes, in practice, establishing criminal liability in such a manner seems too drastic. However, the principle of mandatory prosecution does not allow a large (or sufficient) margin of appreciation for the prosecutor to establish whether an auxiliary crime, of reduced gravity, should be prosecuted. The theory of natural absorption seems a solution, based in substantial law, to treat such issues. However, legal scholars do not usually treat this substantial institution in a complex manner. Thus, it seems to be applied on a case by case basis, with no clear guidelines. Hereby study aims at providing a set of general rules concerning natural absorption. In the first part, the contemporary theories concerning the institution will be assessed. In the second part, a set of rules will be established, aimed to have a general applicability. Finally, the aforementioned rules will be illustrated by applying them to an issue widely contested by several important legal scholars. [ABSTRACT FROM AUTHOR]

Copyright of Magazin Istoric is the property of Fundatia Culturala Magazin Istoric and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The harm caused to the rights of personality can cause a nonpecuniary damage that could be seen as a moral, biological or social harm, which are autonomous categories of the nonpecuniary damage. As a form of nonpecuniary damage, the biological harm represents the injury of the both physical and psycholoigcal integrity of a person, being thus seen as a engative consequence separate from the moral damage caused. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the present article the author tries to clarify some controversial issues regarding the offence of computer fraud. Firstly, the nature of the offence is put into question in order to identify all the social values protected by the criminal provision. The author tries to argue that computer fraud also protects the integrity of computer systems and the integrity and availability of computer data with the purpose of clarifying the relationship between computer fraud (Article 249 of the Romanian Criminal Code) and the offence of altering computer data (Article 362 of the Romanian Criminal Code). Likewise, the author emphasizes some examples found in legal literature or jurisprudence and then argues that the criminal provision regarding computer fraud is not applicable in cases such as fraud by means of electronic communications without manipulating a computer system, phishing or pharming, ransomware etc. Nonetheless, the author tries to clarify the relationship between computer fraud and other offences provided in the Criminal Code such as traditional fraud, theft of service, altering computer data, unauthorized access to a computer system etc. [ABSTRACT FROM AUTHOR]

Criminal liability of legal entities is one of the areas in which the Criminal Code of 2014 provided no revolutionary changes, even though in the preliminary thesis of the Code, the sentencing phase was a focal point. Concerning the sanctions applicable to legal entities, the evolution of the legislation has been timid, when compared to the statues that govern the sanctions applicable to natural persons. Beside the lack of diversity in the main criminal sanctions, the current legislation is also limited with regard to the sentencing criteria provided, which are the same as the ones used for natural persons. At the same time, the sanctioning system lacks a progressive curve focused on the reintroduction of legal entities into the civil and commercial circuit, and proves to be more repressive and punitive, rather than centred on preserving the interests of the legal entity. The present paper analyses to what extent the existing legal framework is adequately equipped to deal with the practical challenges of properly sentencing legal entities. At the same time, the final part of the paper deals with elements outside of the criminal law system which can serve as sentencing criteria and may be used in criminal courts to better establish a just sentence. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Journal of Intellectual Property Law / Revista Română de Dreptul Proprietăţii Intelectuale is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

DUE TO FASTER TECHNOLOGICAL INNOVATIONS AND GLOBALIZATION THE ROLE OF UNIVERSITIES IS GROWING AND REQUIRES PERTINENT SOLUTIONS. THE UNIVERSITY IN THE PRESENT CONTEXT FACES THE NEW CHALLENGES THAT REQUIRE A REDEFINITION OF ITS SOCIAL AND ECONOMIC ROLE, ITS STATUS AND STRUCTURES, ITS OWN VALUES AND EVEN ITS RELATIONS WITH DIFFERENT POWERS. IT IS OBVIOUS THAT TRADITIONAL ACADEMIC VALUES ARE ERODED BY GLOBALIZATION. THE IDEA IS A MAJOR CHANGE IN THE EDUCATIONAL SYSTEM. INTERNATIONAL HIGHER EDUCATION IS LARGELY INFLUENCED BY GLOBAL PHENOMENA. [ABSTRACT FROM AUTHOR]

SPECIALISTS BELIEVE THAT A COMPETENCE-BASED CURRICULUM CAN BETTER RESPOND TO THE CURRENT DEMANDS OF SOCIAL AND PROFESSIONAL LIFE, THE LABOR MARKET, BY FOCUSING ON THE CONCRETE ACQUISITION OF THE STUDENT. THE EDUCATION PROCESS AIMS AT THE FORMATION AND DEVELOPMENT OF BASIC, FUNCTIONAL EDUCATIONAL SKILLS NECESSARY FOR STUDENTS TO CONTINUE THEIR STUDIES AND / OR TO ENTER THE LABOR MARKET. [ABSTRACT FROM AUTHOR]

The paper aims to make a general presentation of some of the interactions between Intellectual Property Law and Competition Law focusing on the case of patent rights and their effects on the qualification of their owner's position under the provisions of art. 6 of the Competition Law and art. 102 TFEU. In order to highlight these interactions we chose to individualize the case of standard essential patents, in what these are concerned the interactions being more evident, documented in both literature and practice and also of great current interest. Starting with the delineation of the constitutive elements of the abuse of dominance, the paper identifies how these apply to patents, how these are potentiated in what concerns standard essential patents and what are the effects of the application, in what these are concerned, of the rules regarding abuse of dominance. [ABSTRACT FROM AUTHOR]

The main purpose of the paper is comparing different trademark protection system, focusing on European jurisdictions and the relevant legislations. The comparison focuses on the Romanian jurisdiction, as representative for the attributive system and the Italian jurisdiction, which the doctrine considers representative for the declarative system. For each of them, the relevance of both use and registration are presented in terms of acquiring, consolidating or loosing protection. By presenting the first to use and first to file systems, the article aims to compare them by outlining the advantages and disadvantages of both systems, and also by showing what they have in common in terms of legal consequences. The article also describes the approach of international conventions with respect to trademark protection system, focusing on the legislation of the European Union, which is also directly relevant to both jurisdictions chosen to outline the two systems. Finally, brief commentaries regarding the notion of "use' are made, along with conclusion regarding the analyzed trademark protections systems. [ABSTRACT FROM AUTHOR]

The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a title. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law. [ABSTRACT FROM AUTHOR]

The article aims to revisit a few points raised in our previous article on this matter published 10 years ago. Thus the divergence in denominations used and proposals explicitly made in this regard in the legal litterature are analyzed. Moreover we shortly point to the justification for the creation of these mechanisms within copyright law and to the importance of an ex ante analysis of the economic justifications for such, based on as much as possible objective criteria. [ABSTRACT FROM AUTHOR]