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The triggering of enforcement is the way in which the State is contested in order to comply with the obligation laid down by a court order or by another enforcement order if it is not enforced voluntarily. The existence of an enforceable title in the hands of the creditor gives him the opportunity to apply to the bailiff for the purpose of restoring the order of law violated by the completion of his own assets effectively, without recognition of his right correlated with the debtor's obligation, established by an enforceable title, to be illusory. The commencement of enforcement acts consists in the effective transition to enforcement by means permitted by law, in compliance with the provisions of Book V – the Code of Civil Procedure, by any of the forms of direct or indirect enforcement, in order to achieve the intended purpose. Access to the debtor's assets is the possibility conferred by the State, the bailiff to enter the rooms representing the domicile, residence or place of business of a person, as well as in any other places for the identification of the debtor's traceable assets.
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Part of direct enforcement, the performance of the obligations to perform and not to perform consists of two distinct situations, namely one in which the obligations are some intuitu personae and one in which we are dealing with obligations of fungible nature, i.e. those obligations that do not involve the personal action of the debtor. With regard to the latter, the legislator provided an extremely powerful remedy in case of non-execution by the debtor, enabling the creditor to obtain an enforceable title in the same enforcement file, without going through any other judicial procedure – minutes of the bailiff – to recover the value of the works not executed by the debtor. The procedural regulation, not necessarily novelty and, as useful, as difficult in interpretation under certain aspects, represents an instrument corresponding to the regulation of substantial law, provided in Article 1528-1529 of the Civil Code. The difficulties that determined us to deepen the subject are two, respectively, (i) if the minutes of the bailiff laid down in Article 903 para. (1) final thesis of the Civil Procedure Code may be issued subject to the execution or not of the works by the creditor or a third party employed by the creditor, respectively (ii) the insufficiency of the term established by the legislator after the summons, of 10 days only, for the fulfillment of the obligation by the debtor, in the particular case of complex obligations to perform.
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The legal provision enabling the bailiff to determine by conclusion the amount of the necessary expenses for fulfilling the obligation to perform in the event of the debtor's opposition constitutes an indisputable advantage for the creditor as it allows him to determine the amount in question without taking legal action for this sole purpose. As concise as article 903, paragraph (1), 3rd thesis of the Code of Civil Procedure may seem the issue generated around the interpretation and application of this legal text is very complex. Issues such as the justification of the bailiff's territorial jurisdiction in the enforcement procedure, derived from direct enforcement, proper to the obligation to perform, the procedure consisting of pursuing the debtor to obtain the equivalent value of expenses, the (no-)need to obtain, for this purpose, the approval of enforcement or to obtain at least a new enforcement case are of practical interest to the bailiff and implicitly to the creditor, whose prospects for accelerating enforcement depend essentially on the bailiff's view on these issues. But it seems that no other issue is more important and more economical than determining whether the bailiff must issue the conclusion on the basis of payments that have already been made by the creditor from his own funds to carry out the works or such a conclusion may be issued in a much more attractive way for the creditor on the basis of an estimated quotation; the consequence in the latter scenario would be that the works will be done not only at the expense of the debtor but moreover by using his funds from the very beginning, funds that are obtained through an enforcement procedure prior to the beginning of the works.
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From the moment of drafting the Law on Electronic Signatures, its authors appreciated that electronic signatures would be used in a wide variety of circumstances and applications, not excluding procedural ones. There was also the belief that establishing a clear legislative framework on the conditions applicable to electronic signatures would help increase confidence in new technologies and their general acceptance. Technological evolution, but also the need to ensure easy direct and quick access to court files and enforcement cases, has contributed to the vision of the current civil procedural regulation, which offers alternative, electronic solutions of service and signing of documents.
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Widely understood, the responsibility of the bailiff corresponds to the obligation, weighing on the latter, to assume the civil, penal and disciplinary consequences of the poor performance of the missions entrusted to him. In this regard, this study first focuses on the state of French law on the civil liability of this professional who has the particularity of being both a ministerial officer holding a part of the public power. and the creditor's agent acting as a liberal agent. Thus, the rules governing the engagement (towards its client and towards third parties) and the implementation (determination of the competent jurisdiction and guarantee offered by professional liability insurance) of this liability are examined in turn. In a second step, the regime of the responsibility of the French State due to judicial officers is studied, as it emerges from the case law of the European Court of Human Rights.
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The city faces multiple interests, and in order to achieve urban development these interests must be managed. The guide in this management is claimed to be the public interest. Legislation is about the public interest and we sometimes talk about it, which is why this material will be divided into two parts, with a first part of brief legislative reporting and a second part of personal searches. The article is a search essay, on the outskirts of the Romanian city, which starts from the top of the Romanian legislative framework and continues with reflections on man and the public interest, on man and urban transformation and on the public interest and urban transformation. In the end, it turns out that urban development starts with the formation of communities, the choice of altruistic leaders and patient work.
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Through The present article we propose to bring into attention the theory of sustainable development in tourism, invoking also the necessity of a coherent legislative constructions in the field. We point out that although there is no legal basis in the EU treaties for a common politics in the field of tourism to focus on the pillar “tourism ‒ as a branch of activity”, The Maastricht Treaty has provided for the first time measures in the field of tourism in the activity list that will beneficiate of the communitarian support. It is presented the general actual frame of the tourism legislation in Romania and it is underlined the fact that although according to the Rule established by the art. 1 from O.G. 58/1998 regarding the organization and the development of tourism activity in Romania “the tourism represents a priority field of the national economy”, the tourism law – declared “zero priority” by the successive ministers to lead the relevant ministry, remained at the project stage. At the same time, the incoherence in transposing the EU Directives into national legislation is relevant, being invoked the Pilot File EU 7052/14/JUST opened by the European Committee who notified Romania for remedying as soon as possible the problems related to the insurance system. Instead of conclusions, we believe that it is necessary for decision makers to be aware that without a coherent legislative and institutional construction, the sustainable development of tourism remains at the level of a simple utopia.
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Art. 10 of Law no. 241/2005 has raised debates since the adoption of this law and has undergone changes over time, the legislator oscillating between the desire to drastically punish persons who have committed tax evasion offences and to quickly recover the damage caused by committing such offenses. In this article, these provisions are analyzed, in the light of the most recent amendments brought by Law no. 55/2021, being highlighted the problems that appeared in the judicial practice prior to these changes, the possible solutions, the conditions of applicability of art. 10 at present, as well as some problems of interpretation that may arise, including in certain special cases.
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Any branch needs a sum of well-established rules able to assure the proper functioning of its activity and forensic science is one of the modern sciences which appeared as a response to the necessity of a permanent work on improving all the techniques and tactics which are used by the specialists who are involved in the forensic proceedings, more exactly in doing the on-site research activities. Through all these proceedings, forensic comes as an indispensable tool during the criminal trial so that the authorities, the specialized and competent bodies are to give a final decision taking into consideration solid evidences which are able to demonstrate that the crime, which is the subject of the cause, was committed exactly by the person who was successfully identified by the criminologists after analyzing the evidences found at the crime scene. The principles of forensic investigation count six fundamental rules provided from the common law and also from the specificity of this field, but the most important aspects regarding them is the fact that the interest is not targeted to blaming and finding someone’s guilt, but to finding the real identity of the offender as long as justice is accomplished only when the punishment is given to the right person in order to show and remind that no crime is perfect and where there is a crime, there are evidences.
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In the general context of an increased digitalized society, where Artificial Intelligence systems become more and more present in our lives, penetrating various domains, the present article aims to analyze the impact of A.I. towards the rights to equality and non-discrimination. We’ll address the concept of Artificial Intelligence from the perspective of the numerous definitions that were attributed to it, as well as in the light of the regulations of The Proposal For A Regulation Of The European Parliament And Of The Council Laying Down Harmonized Rules On Artificial Intelligence (Artificial Intelligence Act) And Amending Certain Union LegislativeActs.
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