Real Estate Romania

România imobiliară

Author(s): Mircea Mihăies / Language(s): Romanian / Issue: 29/2001

Keywords: explosive stories to increase sale rates of newspapers in Romania and latest examples;

The new favorite topic meant to increase rating and sales of newspapers in Romanian media is the villas built by many budgeters. Most of them are police workers and other corrupted employees who couldn't have raised such sumptuous houses from their salaries. This villa issue which replaced the usual pieces of news on murders sexual abuses and pollution turned Romania's press image into an appendix of real estate magazines.

Late Surrealism

Suprarealismul târziu

Author(s): Gheorghe Grigurcu / Language(s): Romanian / Issue: 29/2001

Keywords: Paul Aretzu as late avantgardist; about the surrrealist "programme;

The author makes a review of Paul Aretzu's book "Diapazonul de sânge", Cartea Românească Publishing House, 2000.

Pintilie's Dismissal

Restructurarea lui Lucian Pintilie

Author(s): Cristian Teodorescu / Language(s): Romanian / Issue: 29/2001

Keywords: restructuring of the National Film Studio in Romania;

Cristian Teodorescu is outraged at the Minister of Culture's decision to dismiss Lucian Pintilie from the post of General Manager of National Film Studio. Assuming that the minister, the well-known historian Razvan Theodorescu was misinformed by his councilors on Pintilie's activity and achievements as head of National Film Studio, the author warns that no one can dismiss Pintilie, whose reputation is beyond doubt without making a fool of oneself.

The Missing Head of Damasceno Monteiro

Capul pierdut al lui Damasceno Monteiro

Author(s): Antonio Tabucchi / Language(s): Romanian / Issue: 29/2001

Fragment of the novel "The Missing Head of Damasceno Monteiro" published in Romania in 2000.

"Thus"

"Căci"

Author(s): Rodica Zafiu / Language(s): Romanian / Issue: 29/2001

Keywords: Romanian mis use of conjunctions; Romanian language;

The misusing of conjunction "căci" which means "for, because," as a substitute for conjunction "că" meaning "that" is a common mistake which people make. Rodica Zafiu gives several examples found on the Internet and concludes that people make this confusion thinking they give a their language a more formal aspect.

Between Originality and Quotations

Între originalitate şi citare

Author(s): Zigu Ornea / Language(s): Romanian / Issue: 29/2001

Keywords: excessive use of quotations to replace original conclusions;

Costica Bradatean's book "An Introduction to History of Romanian Philosophy" aims to fill a rather poorly represented area. In this article Zigu Ornea greets the young 's author attempt but he also points out a few weak parts such as the insufficient approach of some major names, the ignoring of an important author (Mircea Florian) and the excessive use of quotations to replace original conclusions.

Lyrical Generations and Critical Generations

Generaţii "lirice" şi generaţii "critice"

Author(s): Nicolae Manolescu / Language(s): Romanian / Issue: 29/2001

Keywords: discrimination between ethnic ethic and esthetic; Dobrogeanu Gherea; Eugen Lovinescu; Nicolae Iorga; modern spirit; critical spirit; generation 1848;

Nicolae Manolescu studies the alternation of lyrical and critical generations of intellectuals in Romania from the 1848 generation defined as lyrical to the latest generation of the World War II. The 1848 who embraced unconditionally the ideals of French Revolution made the dream of Unity become true by electing the same ruler and thus forming the kingdom of Romanian. in 1859.This generation is followed by a "critical" generation whose famous exponent is Titu Maiorescu . The beginning of the 20-century is witnesses the lyrical generation of Iorga, Ibraileanu and Gherea's domination continued in 1920 by Parvan and, the interwar period's classics Eliade and Cioran. Their romanticism found its' roots in Hasdeu and Parvan's works .The polarity chain is broken by the communist period never to be restarted.

INHERITAGE TRANSMISSION IN THE ROMANIAN LAW

LA TRANSMISSION DE L’HÉRITAGE DANS LE DROIT DE NOTRE PAYS

Author(s): Dumitru Macovei / Language(s): French / Issue: 1/2005

Keywords: the successional inheritance; heir; cujus; successional active/passive; the successional transfer

One of the most important issues relating to succession is "transferring the inheritance ", whose study is quite difficult because of the complex and varied problems in terms of quantity and quality. Succession transfer means total or partial transfer of the successional inheritance of a deceased physical person to one or more live persons. The correct assessing of the successional inheritance is a very important matter in practical terms; the successors put questions, with good reason, about the value of the assets of the successional inheritance in order to take the correct decision regarding the inheritance, which may be the acceptance or the refusal of it. The article examines according to the current legislation and the juridical practice in the recent years, transferring the successional active (its economic rights of cujus) and the successional passive (it's heritage obligations of cujus), but also the transfer of sucessional possessions, by putting correctly into practice the adequate legal stipulations.

HUMAN RIGHTS - CRUCIAL QUESTION OF INTERNATIONAL RELATIONS

LES DROITS DE L’HOMME – QUESTION CRUCIALE DES RELATIONS INTERNATIONALES

Author(s): Benone Puşcă / Language(s): French / Issue: 1/2005

Keywords: human rights; international relations; protection of human rights; the Constitution

The concept of “human rights” has its origins in legal and philosophical ideas that have marked the history of human thought. The consecration of human rights in the constitutions of various states has been achieved relatively late, because this concept is actually modern, and could be explained only in a world with a certain degree of civilization. Immediately after the Revolution of 1989, Romania has been aligned to the international standards of democracy, freedom and human dignity, in order to create a genuine democratic system of human rights and freedoms. During the Post Decembrist Era, Romania was part of numerous international legal instruments, adopting legal stipulations in order to adapt the national legislation to the requirements of international conventions for the purpose of firmly applying the basic documents that establish the issue of human rights.

EUTHANASIA. PHILOSOPHICAL PERSPECTIVES

L’EUTHANASIE. PERSPECTIVES PHILOSOPHIQUES

Author(s): Andy Puşcă / Language(s): French / Issue: 1/2005

Keywords: euthanasia; principles; self-determination; dignity; law

Partisans of euthanasia believe that they can justify it in terms of moral, and that only voluntary euthanasia should be legalized. In other words, only patients who expresses clearly and repeatedly their desire to die could resort lawfully to euthanasia. This view is based on the right to self-determination, freedom and dignity of the person, principles that represent the fundamental values of a society. However, in addition to those who support the need of euthanasia, there are still many who are against it, or treat this concept with skepticism. There are series of arguments that change the balance in favor of the ones who do not approve euthanasia. A first argument that seeks legalization of euthanasia is based on an ideal vision of hospitals, doctors, nurses and families (and this vision is often the fruit of imagination, so the idea of voluntary euthanasia is one danger). Another key argument against legalizing euthanasia was that is practically impossible to draw up a law to protect doctors who practice euthanasia without sliding towards the inevitable abuses. The final argument against legalizing euthanasia is a legal one. Current law condemns euthanasia considering it a murder, and this argument is sustained practically by all treaties and codes. The Constitution guarantees the “right to life” and the concept of euthanasia violates deeply this fundamental principle.

THE CONCEPT AND THE IMPORTANCE OF PRIOR COMPLAINT

LE CONCEPT ET L’IMPORTANCE DE LA PLAINTE PREALABLE

Author(s): Angelica Chirilă / Language(s): French / Issue: 1/2005

Keywords: preliminary complaint; criminal activity; criminal responsibility; criminal penalty; the notification of the court’s competent judiciary authority

The order of criminal law focuses basically on compliance, precisely on respecting the benevolence of members’ majority of the society of the perceptive content of the depositions of criminal law, a compliance which represents the actual mechanism of preventing general offence. In case of breaking the rules set by criminal legislation, of committed crimes, the order of the criminal law will be restored by applying the penalties stipulated by the state authorities in the norms of incrimination of those who committed such acts in the terms of the law and through the performance a criminal trial. The reports of coercion carried on as such, aimed bringing in front of the law the offenders and their penalty.

THEORETICAL AND PRACTICAL ASPECTS RELATING TO THE ADMISSIBILITY AND THE IMPLEMENTATION OF LEGAL DECISIONS FOR FOREIGNERS IN ROMANIA

ASPECTS THÉORIQUES ET PRATIQUES, RELATIFS À LA RECEVABILITÉ ET À LA MISE À EXÉCUTION DES DÉCISIONS JUDICIAIRES DONNÉES À L’ÉTRANGER, EN ROUMANIE

Author(s): Alexandrina Zaharia / Language(s): French / Issue: 1/2005

Keywords: civil law application in time and space; civil verdict; the proving force of foreign decisions; the performance of foreign legal resolutions

The report of private international law differs from the national report by the existence of one or more elements of foreign origin. The latter determines in some cases the application of the internal or unified material norms and in other cases gives rise to conflict of laws, being the main factor in the legal partition reports of private international law by other legal reports. The legal elements of foreign origin can cause the following procedural issues a) the jurisdiction competence in private international law, this matter is regulated in particular by the speculation of article no. 148-157, Law 105/1992; b) the applicable procedure in the processes of international private law in the Romanian private international law; c) the consequences of judicial final judgments and foreign arbitration in Romanian private international law

JUSTICE AS ETHICAL-MORAL VALUE

LA JUSTICE EN TANT QUE VALEUR ÉTHICO – MORALE

Author(s): Neculai. N. Bobică / Language(s): French / Issue: 1/2005

Keywords: legal value; moral value; moral good; legality; arithmetical justice; distributive right

We review in this study, how justice was designed and explained by the ancient Greek philosophers, reveling, in their interpretation, that justice had meaning only by reporting it to the moral good, which represents a fundamental condition for training and functioning of the supreme moral value. Justice takes shape in this context as a middle- value, which is present wherever there are relations between individuals and human community. In the same interpretation, the formation of state and the regulation of social conduct based on social legal laws require justice based on legality, now operating as the supreme juridical value.

LEGAL INDEPENDENCE OF JUDGES AND THE UNITARY APPLICATION OF THE LAW

L’INDÉPENDANCE JURIDIQUE DES JUGES ET L’APPLICATION UNITAIRE DE LA LOI

Author(s): Ioan Apostu / Language(s): French / Issue: 1/2005

Keywords: the principle of judges’ independence; impartiality; Community law; the unitary application of the law

The Independence implies the requirement of a lawsuit resolution without any interference from any state’s representative or any other person; during the judicial proceedings, the judge has a neutral standpoint and he is neutral towards the interests of the litigant’s parties. The impartiality of the judges represents a key feature of the judicial activity and it is the basis of the judicial function, inevitably, a consequence of the principle of judges’ independence and their submission to law.

CERTAIN CONTROVERSIAL PROBLEMS IN THE FAMILY LAW

CERTAINS PROBLÈMES CONTROVERSÉS DANS LE DROIT DE LA FAMILLE

Author(s): Gabriela Lupşan / Language(s): French / Issue: 1/2005

Keywords: adoption; paternity; action for disavowing the paternity; the effects of adoption

Knowing that the affiliation towards mother is established and proven by the material fact of the birth, affiliation towards the father raised certain issues, in the context in which the family code establishes distinctly the paternity of the child from marriage and the one outside the marriage, because the way of establishing the affiliation towards the father is determined differently, depending on the legal situation of the child. The future and much anticipated reform, in matters of national and international adoption, must consider not only the law proposals in the specialized literature and the jurisprudence guidelines, but also the social realities of Romania.

THE OBLIGATIONS OF THE OPERATORS IN THE TRANSPORT DOMAIN REGARDING THE ENVIRONMENT PROTECTION

LES OBLIGATIONS DES OPÉRATEURS DU DOMAINE DES TRANSPORTS QUANT À LA PROTECTION DE L’ENVIRONNEMENT

Author(s): Ana Călin / Language(s): French / Issue: 1/2005

Keywords: pollution; the European Agreement; energy; environmental restoration; waste

The Institution of economical concepts concerning the environment began in the 3rd decade of the 20th century. All this time, there was an attempt to stop the aggressive factors that lead to natural degradation; there were taken into account the negligence of the managerial agents as regards the environment. It was thought that, in general, the man as an individual is marked by a diverse national conduct or by an absolutely unjustifiable negligence when is reported to the deterioration of nature. The work’s attempt is to bring into light the work of the European Agreement, which largely, consists of environmental restoration, production and use of energy in a lasting and efficient way from all points of view, the security of industrial plants, handling safely the chemical products, water quality, especially water crossing the borders, the reduction of waste, recycling and disposal in terms of security, the application of the Basel Convention, the environmental impact of agriculture, soil erosion and the chemical pollution, protection of forests, planning the use of soil in both country and city and the use of fiscal instruments. The basic idea of this article is the reference to a change for the better of the global climate.

TELEOLOGY TECHNOLOGY AND ITS PLACE IN THE LEGAL INTERPRETATION

LA TECHNIQUE TÉLÉOLOGIQUE ET SA RAISON D’ÊTRE DANS L’INTERPRÉTATION JURIDIQUE

Author(s): Ioan Humă / Language(s): French / Issue: 1/2005

Keywords: teleological interpretation; normative text; the purpose of regulating.

The paper highlights that the teleological interpretation of a normative text does not start from occasio legis, from the casual link between the regulation of the text and the extra-legal circumstances, which actually belongs to the historical research (method). The teleological interpretation suspends the conjectural causality; it decodes the purpose that precedes the human action, which is the legal norm.

TRUTH AND VALUE JUDGMENTS IN THE EUROPEAN CONVENTION ON HUMAN RIGHTS

JUGEMENTS DE VÉRITÉ ET JUGEMENTS DE VALEUR DANS LA CONVENTION EUROPÉENNE DES DROITS DE L’HOMME

Author(s): Pierre Lambert / Language(s): French / Issue: 1/2005

Keywords: freedom; dignity; protection of human rights; case-law.

The jurisprudence of the European Court on Human Rights abounds in valuable judgments and will abound for a long time, which does not surprise us, considering its interpretative dynamism. The European Convention on Human Rights contains stipulations concerning human rights and liberties, but admits also restrictions - as long as they consist in the necessary measures in a democratic society – “referring to the national security, public safety, the economic prosperity of all countries, keeping order and preventing breaking of the law, to protect health or moral values, or the rights and freedoms of our own kind”. The evaluation of these elements is itself a value judgment that would replace the arbitrary right. The progressive interpretation of the European Convention on Human Rights by any judge represents a step forward.

PUBLIC INFORMATION AND PARTICIPATION IN THE DECISIONS ON THE ENVIRONMENT

L’INFORMATION ET LA PARTICIPATION DU PUBLIC AUX DÉCISIONS CONCERNANT L’ENVIRONNEMENT

Author(s): Vasilica Negruţ / Language(s): French / Issue: 1/2005

Keywords: environmental information; environmental factors; environmental decision

The achievement of the fundamental human right to a healthy environment involves public participation in the elaboration and application of the environmental decisions. An important contribution to the development of the significance of principle at a European level had The Aarhus Convention (1993), concerning the public access to information, the participation in decision making and access to the environmental justice.

THE LAW AS A PRECEDING ELEMENT OF THE ROMANIAN STATE

LE DROIT EN TANT QU’ÉLÉMENT PRÉCÉDANT L’ÉTAT ROUMAIN

Author(s): Constantin Cloşcă / Language(s): French / Issue: 1/2005

Keywords: unwritten rules; state; Jus Valachorum; historical continuity

The exposition aims to demonstrate the role of the law as a system of common rules in the social conduct and in the state’s formation. The author acknowledges that before the appearance of the state, there were already norms of law in the aspect of collective and anonymous creation. As such, they have existed not only at the beginning of the state - as it happened for the Romanians - but also later after that, until modern times.