Considerations about the conflict of application of mandatory rules of the judges Cover Image
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Scurte consideraţii asupra conflictului de aplicare a unor norme imperative de către judecători
Considerations about the conflict of application of mandatory rules of the judges

Author(s): Ion Popa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: conflict of enforcement; mandatory rules; judges

Summary/Abstract: The considerations developed in the present article draws attention to the occurrences in the daily activities of judges in the courts of some conflicts of law enforcement imperatives. The article is structured and developed on the basis of two different legal texts, but has a common consequences is the occurrences of conflicts between imperative national law or between national and international law imperatives. Thus, a first part of the article analyzes art. 315 para. (1) pr. civil code relating to the requirement for the court of the application of law given by the court of cassation and the second part is regarding the consequences of applying art. 99 letters. º) of Law no. 303/2004 on the status of judges and prosecutors, relating judges obligation to respect in their work and Constitutional Court decisions handed down by the supreme court in the appeal in the interest of the law. I argued that in some circumstances, the mandatory provisions from above are justified and even they must be defeated.

  • Issue Year: 2012
  • Issue No: 04
  • Page Range: 102-111
  • Page Count: 10
  • Language: Romanian