(IM)POSSIBILITY OF EXTENDING THE RIGHT OF MOVEMENT IN THE ABSENCE OF REPLACEMENT PROOF WITH THE RIGHT OF MOVEMENT ‒ IN THEORY AND LEGAL PRACTICE Cover Image
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(IM)POSIBILITATEA PRELUNGIRII DREPTULUI DE CIRCULAŢIE ÎN LIPSA DOVEZII ÎNLOCUITOARE CU DREPT DE CIRCULAŢIE ‒ ÎN TEORIE ŞI ÎN PRACTICA JUDICIARA
(IM)POSSIBILITY OF EXTENDING THE RIGHT OF MOVEMENT IN THE ABSENCE OF REPLACEMENT PROOF WITH THE RIGHT OF MOVEMENT ‒ IN THEORY AND LEGAL PRACTICE

Author(s): Andrei Sebastian Murariu
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Universul Juridic
Keywords: driving license retention; replacement driving license; extension of driving license;

Summary/Abstract: The article purpose is to present the author's opinion related to the right of driving which can be prelonged based on the article 111 paragraph 6 in G.E.O. No. 195/2002 even when the replacement proof of the driving license is without the right of driving. The jurisprudence is not clear in this matter and the judicial bodies deny the request based on the fact that the right of driving cannot be prelonged as long as it was not granted in the first place. In the author's opinion, the judicial bodies wrongly believe that it exists two distinct rights, the right to drive provided by the license of driving and the right to drive provided by replacement driving license or temporary driving allowances.

  • Issue Year: 2022
  • Issue No: 03
  • Page Range: 121-133
  • Page Count: 13
  • Language: Romanian