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The paper analyzes the legal framework, the criminal patterns and the effective legal instruments used by the Romanian judicial authorities to sanction the laundering of the criminal proceeds resulting from the illicit traffic in cultural goods and the recovery of artefacts that are emblematic for the Romanian cultural heritage. The study highlights the importance of achieving a consistent jurisprudence, the relevance of specialized judicial bodies, as well as the significance of the role of international judicial cooperation, through EUROJUST, EUROPOL, INTERPOL, for the purpose of sanctioning the traffic and in the recovery of stolen and recycled goods: spiral bracelet hoards, gold monetary hoards and Lex municipalis Troesmensium plates. The investigative methodology and jurisprudence analyzed indicate the effective tools for the full recovery of emblematic cultural assets lost by the national cultural heritage, in the period 1996-2007, in a difficult internal and external context1. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania 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.)

Located within Chapter VI of the Criminal Code that criminalizes criminal offences against the person's freedom, the criminal offence of threat provided by Article 206 appears on the background of the protection of the mental freedom of persons. The thorough analysis of the crime will reveal some aspects regarding different theories of interpretation of the law that can be objectified also in practical situations. Also, the interpretation of the criminal offence highlights certain aspects regarding the fear of the person, the manner of committing the crime, the threat of a harmful act, the correlation with the crime of outrage and judicial outrage, as well as some differences from the crime of blackmail. Therefore, in the framework of highlighting some opinions or observations on them, it can be delimited the offence of threat much easier compared to other offences, but it can also constitute a useful legal instrument during the stages of criminal liability of the offender, as well as for the improvement of the text of law by the legislator. [ABSTRACT FROM AUTHOR]

Society has always been concerned with the issue of liability. "Responding" was and still is an imperative of society. In our law there was no express regulation of the administration's liability for its illegal acts. However, there are a series of decisions of the High Court of Cassation and Justice that decided to engage the state's liability even in the conditions where it could not be imputed to it, the damage being caused in the exercise of a normal and legal activity. For the first time this type of liability - administrative - is dealt with in the provisions of the Administrative Code. The present article will ask the question whether this intervention was (imperially) necessary or the existing legal instruments (Law no 554/2004 on administrative litigation, the Civil Code and judicial practice) were sufficient in determining the scope of the subjects and the particular conditions in which they respond or this legislative activity, as the main way of implementing public policies, should have provided necessary, precise, concrete tools for the solutions pronounced in the matter of liability. [ABSTRACT FROM AUTHOR]

The study analyzes the current account contract as an effective technique for simplifying long-term contractual relations, in the context of a large business volume, with its lending function. The legal definition of the contract has revealed that this contract performs, through the novation mechanism, a function integrating receivables coming from other contracts and operations of the parties in the current account, and the settlement of accounts is carried out through the offset system. In addressing the legal characters of the current account contract emphasis has been placed on its intuitu personae character and arguments have been brought for combating the thesis of the ancillary character of this contract in the relation to the contracts and operations generating receivables recorded in the account. The effects of recording of the receivables in account (of extension of maturity and of unavailability) and the category of receivables incompatible with this recording in account, as well as the legal consequences of closing the account before deadline, which pave the way for the execution of the credit balance, have also been analyzed. The effects of the recording of receivables in the account have also been analyzed from a fiscal perspective, related to the application of VAT and of the profit tax. The current account was also analyzed in the context of the insolvency procedure, as a means of maximizing the debtor's assets and of its beneficial effects in the process of judicial reorganization. The main effects of the current account contract have been discussed under the translative aspect of the property right, marked by the moment of recording the receivable in the account, under the aspect of novation, as a legal instrument of integration in the account of the receivable, generated by the original contract or by the operation performed between parties from the perspective of offsetting the two amounts of receivables, from which the credit balance results, as a liquid and exigible receivable, susceptible to execution. The examination of the side effects of the current account contract refers to the interest applied to each receivable registered in the account and to the credit balance, as well as to the commissions and expenses related to the legal operations generating the receivables recorded in the account. Regarding the closing of the account, the two hypotheses have been analyzed, the one related to the final closing of the account, which coincides with the termination of the current account contract, and the one regarding the periodical closing, as well as the legal regime of the credit balance, resulting from the offset within each of the two hypotheses. The aspects regarding the presumption of approval of the credit balance, of its contestation after approval, in connection with the material errors and the legal action for the rectification of these errors have not been omitted either. Finally, there have been discussed the modalities of termination of the current account contract on the deadline and by denunciation, in respect of the contracts concluded for an indefinite period. [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.)

Parole1 was defined in Romanian doctrine as a way to individualize the execution of the custodial sentences, without deprivation of liberty, granted by the final decision of the court which are the conviction that the convicted person has been rehabilitated, as a result of meeting the required conditions during the execution of minimum statutory sentence, there is the semi-open or open regime of enforcement, the person has fulfilled his/her civil obligations, as well as subject to full fulfillment, under probation services, within supervision, of the measures and obligations. As a legal nature2, the parole represents a post iudicium individualization of the execution of the custodial sentences and involves the release of the convict before the full execution of the sentence because the convict has proved that he has made obvious progress towards social reintegration. However, the parole is not a right of the convict not to serve the entire sentence, but a legal instrument by which the court finds that it is no longer necessary to continue the execution of the sentence in detention until the full period established by the final conviction has been fulfilled and the early release poses no danger to the community. [ABSTRACT FROM AUTHOR]

Copyright of Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies 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 present study intends to reveal the complexity of the serious humanitarian problems generated by the migration of the population in today's world, emphasizing the causes, the effects, but especially the democratic mechanisms to address this matter. We intend to reveal a series of legal mechanisms, made available to the national executive authorities in order to combat this phenomenon, but also the legal instruments and the procedural ways of solving the applications for asylum, formulated by the persons who are in a situation of separation from their countries of origin, often against their will. At the heart of this legal system for solving migration, with continental valences, there are the courts of law, which have the tutelary role in solving the legal matters related to these problems. We will present in this study a series of solutions of the judicial practice, having as finality the exemplification of the way of correlation of the legal institutions created by the national legislator and by the European Union in order to solve the aspects related to the phenomenon of migration. In this way we intend to offer both to those who are beginning the initiation into the mysteries of law and theorists and to those involved in the activity of judicial practice of solving the applications for summons, a useful and easy, also well-documented and exemplified, tool of information regarding the way of solving the contestations against the decisions of the administrative institution legally competent to solve the applications for granting the refugee status. We will reveal both the national practice and the one in the field of the Court of Justice of the European Union, these examples of judicial solutions being meant to give us a balance in approaching the legal problems of migration. [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 Strategic Universe Journal / Univers Strategic is the property of Dimitrie Cantemir Christian University, Institute for Security Studies 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 Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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 Studia Universitatis Babes-Bolyai, Iurisprudentia is the property of Babes-Bolyai University, Cluj-Napoca, Romania 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.)

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.)

The 1995 UNIDROIT Convention in Rome established a minimum body of common legal rules for the protection of cultural heritage. The essential rules of the Convention are: 1) the possessor of a cultural object which has been stolen shall return it; 2) access to justice by filing a request with the court or other competent authorities of the Contracting State where the cultural property is located, for its restitution; the possibility for the parties to submit their dispute either to a court or other competent authority or to arbitration (Article 8); 3) the right of the bona fides holder of the stolen cultural property to be paid, at the time of restitution, a fair compensation; the correlative right of the paying claimant to request reimbursement from another person (Article 4). In 2001, the Romanian Ministry of Culture (M.C.) notified the Romanian judicial authorities about the existence on the antiques market of some artefacts of exceptional value, coming from the sites of a Romanian archeological reservation, UNESCO monument. A guide to good practice in the application of the Convention was adopted: provisional measures for the conservation of artifacts in the office of a neutral expert, to be examined by experts from the M.C. Holders ought to present through a lawyer a notarial declaration and documents on the purchase expenses, as well as the steps to verify the lawful origin, the circumstances of the acquisition, if they knew or should have reasonably known that the cultural goods were stolen and exported illegally. Having clarified the good faith, the documents and the availability of the owners to return the stolen goods, the lawsuits, with new expenses, were no longer necessary. The M.C. and the holders of good faith have reached amicable agreements, regarding the payment of the fair compensation provided by Article 4: the cost resulting from the documents and the repatriation expenses. By paying the legal compensation to the owner, the M.C. reserved the right to demand in court its reimbursement by the persons in charge of the theft, illegal export, and recycling of stolen artifacts (Article 4 paragraph 3). At the end of the criminal proceedings, the defendants who were found guilty of theft, illegal export and recycling of stolen artifacts were obliged by the courts to reimburse the compensation paid to bona fide holders towards the Ministry of Culture, among others. Conclusions: The UNIDROIT Convention was the modern, key legal instrument of cooperation that allowed the recovery of some unique and extremely important cultural assets in the history of Romania. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania 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.)

Confusing subject of study for a jurist, humanity is an evasive notion because it manifests itself in the individual but is, at the same time, external to it; it claims universality but the way each one looks at is as specific as each one. Myth or legal symbol, „humanity” is a term with variable content, both in the common and the legal language, because, at the same time, it represents the human essence, the goodness but also the race, the human species. The various meanings are indissolubly linked because they are intertwined, so that the „individual” humanity, the one that each individual carries himself, is inseparable from the „collective” humanity, the human community. This together construction results from legal instruments which reflect the ambivalence of the concept, the crime against humanity is, at the same time, a crime against the human essence and a crime against the human race, as its constituent elements demonstrate. Through time, humanity has born and fed contradictory legal discourses, so in international law it is more than a „concept slogan”, because its influence is tangible, but nonetheless, humanity has not simplified the international legal order but has made it even more complex. [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 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 sale-purchase contract is undoubtedly, in the 21st century and in the landscape of the Romanian law, the most frequent contract used in practice, having an essential and decisive role in the organization and development of social and economic life. The complexity, variations and particularities of this contract, starting from its conclusion and until the exhaustion of all its effects, contribute to shaping the overwhelming importance of the sale, of the „standard contract" which is the most used legal instrument for transferring goods. In this context, the effectiveness, usefulness and practical applicability of a sale-purchase contract depend essentially on its structural, „anatomical" elements, namely the essential, intrinsic and extrinsic conditions of validity which directly determine the effects of the sale. Depending on these structural elements there are researched and assessed the validity of any contract, in whose absence its legal effects cannot operate, and, if they operate, they will be abolished with all the consequences which they entail. Thus, the valid formation of the sale contract implies more than a simple analysis of the mechanism of realization of the will agreement; it necessarily involves a detailed examination of the structural elements of the contract which are referred in the law as being „the essential conditions for the validity of the contract". Any dispute which may arise, having as object a sale-purchase contract, will be based primarily on the analysis of the legal fulfilment of the very conditions of validity of this contract, which will unequivocally determine the subsistence of the contract, as well as the extent and applicability of its effects. The law has provided in the matter of the sale-purchase contract incapacities to sell, respectively to buy, which must be interpreted restrictively, their purpose being either the protection of those subject to these prohibitions or of the third parties or of the public interests. Establishing the purpose of each incapacity is important, whereas, depending on this, the sanction will be that of relative nullity (if the incapacity was intended to protect the incapable person) or absolute nullity (if a public interest was protected by incapacity). [ABSTRACT FROM AUTHOR]

The stage from 1969 to the present marks a period of major legislative transformations, with reforms evident, especially after the ratification of the Convention in 1994 and under the direct influence of the standards imposed by the Council of Europe system, domestic criminal law, now being in line with the accessibility requirement and offering specific remedies to detainees, for the protection of their rights, and the civil law, also reformed, offers the premises for the consecration of a real internal compensatory remedy, of common law. From the point of view of compliance with ECHR standards, we must admit that, at least for the time being, the instruments available in domestic law, both at the level of the preventive remedy and the compensatory remedy, are not fully effective remedies for the Court. The action for tortious civil liability is the longest-lived legal instrument in domestic law, which has the vocation of becoming an effective internal compensatory appeal, in the true sense of the word, if the domestic jurisprudence values it in this respect. [ABSTRACT FROM AUTHOR]

The article addresses the issue related to the manner to reach an effective cooperation between two judicial institutions which play a very important role in the context of ensuring respect for the rights and freedoms of the citizen, respectively between the European Court of Human Rights and the Court of Justice of the European Union. The study starts from the premise according to which the creation of the Single European Area of Freedom, Security and Justice, through the conclusion of international treaties, and subsequently the accession thereto by the states on the European continent and the third countries was not only of a nature to bring benefits to the citizens, by exercising the right to free movement and its derivatives at socio-economic level, but also to generate shortcomings, determined by the cross-border nature of the criminality, acquired in the light of free movement precisely. The relationship between the two jurisdictional institutions is viewed in the context of international cooperation in criminal matters, with broad references to the principles enshrined in the European Union law and which have the role of simplifying and intensifying this cooperation. Among the principles analyzed we indicate: the Principle of pre-eminence of international treaties and conventions over the national law, the Principle of mutual recognition of criminal judicial decisions and of mutual trust between states, the Principle ne bis in idem. The article also contains references to another important aspect resulting from the realities of international judicial cooperation in criminal matters, namely to the fact that, although each Member State of the European Union is a party to the European Convention, the Union, as an international organization, is not a party to the Convention, which means that European citizens cannot file a complaint to the European Court of Human Rights against an institution of the Union, when they consider that any of their rights enshrined in the Convention has been violated. The author expresses her opinion on this issue in the sense that the accession of the Union to the European Convention is a desideratum difficult to achieve, for several arguments which she analyzes as well. These arguments also include that referring to the fact that at the same time with the accession of the Union to the European Convention, the latter would become an integral part of the legal order of the Union, which could generate the risk of overlapping the two international legal instruments which guarantee the human rights, namely the European Convention and the Charter of Fundamental Rights. [ABSTRACT FROM AUTHOR]

The insolvency procedure of the individuals aims to recover the financial situation of the individual debtor of good faith and to protect the creditors by covering as much as possible the debt of the debtor and his issue of debts. One of the forms of this insolvency procedure of the individual is the one based on the debt repayment plan. The debt repayment plan is the main legal instrument for recovering the debtor's financial situation. The debt repayment plan has a complex structure and includes elements of a contractual, jurisdictional and legal nature. It is approved by creditors and includes the obligations assumed by the debtor to cover the liability. The plan can be confirmed by the court if it has not been approved by the creditors. The content of the plan, the limits and the conditions for voting and confirmation are established by law. The housing situation of the debtor is being analyzed by the plan and there are issued also measures concerning family residence. [ABSTRACT FROM AUTHOR]

The present study addresses the legal actions whereby the victim of a crime can request compensation for the damage caused against her/him by an offense. Between the two legal instruments provided by the Criminal Procedure Code (a civil action in the criminal case) and the Civil Procedure Code (a claim action based on a criminal offense) the victim has the right to choose, both instruments being configured to ensure effective protection. The study is critically positioned against a certain trend in judicial practice able to determine a decrease of the protection level when stay of the civil action is ordered until the pending criminal case is solved by a final ruling. Such interpretation is likely to give the victim's right to choose an illusory character, which turns the former's protection into disillusionment. [ABSTRACT FROM AUTHOR]

Achieving environmental protection and ensuring "normal living conditions" represent major objectives for Romania, especially in a European and international context in which the political actors and also the ordinary people are becoming more acquainted with the importance of objectifying these above-mentioned goals, in a more complex and complete manner. For this reason, the present study defines, in an original framework, fundamental concepts such as "environmental protection" or "normal living conditions", without claiming that the subject has been exhausted. The study also proposes and renders a presentation of the most important environmental protection instruments identified and used in Romania. In concrete terms, strategic tools (such as official documents elaborated by the Romanian state with the scope of ensuring a sustainable development of Romania), statistical tools (such as sustainable development indicators designed with the purpose of operationalizing the National Sustainable Development Strategy), managerial instruments (designed to ensure good management for the environmental protection activity, at both national and sectoral level or at the level of an organization), administrative instruments (through which the central or local administrative apparatus insures that friendly environment conditions are established and assumed within the economic and social activities), economic and financial instruments (through which direct and indirect intervention can be made on environmental preservation and sustainable development), technical-scientific tools (which provide access to the latest environmental protection technologies), and last but not least, legal instruments aimed to ensure state intervention in the activity of environmental protection. This study emphasizes the fact that the normative nature of all these measures can only be ensured through legal instruments, either as a set of legal rules or through the action of the judiciary and administrative system of the state. Likewise, it has the merit of providing a synthetic and an analytical framework (equally) on how these environmental policies are aimed to be objectified in Romania with the purpose of ensuring a real protection of the environment and in order to create normal living and social conditions for the people. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania 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 right to privacy is guaranteed by numerous international and national legal instruments. But these, not being absolute, may encounter some boundaries. Throughout the article, the author examines the relation between ensuring the national security and the right to privacy. [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.)