Concedierea salariatului în perioada efectuării concediului de odihnă. Nelegalitatea deciziei
Curtea de Apel Craiova, secţia I civilă, decizia nr. 9285 din 5 noiembrie 2013
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Curtea de Apel Craiova, secţia I civilă, decizia nr. 9285 din 5 noiembrie 2013
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Curtea Constituţională, decizia nr. 397 din 1 octombrie 2013, M. Of. nr. 663 din 29 octombrie 2013
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Curtea de Apel Timişoara, secţia contencios administrativ şi fiscal, decizia civilă nr. 2061 din 11 septembrie 2012
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Curtea de Apel Timişoara,secţia litigii de muncă şi asigurări sociale, decizia nr. 331 din 26 februarie 2010
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Curtea de Apel Bucureşti, secţia a VII‑a civilă şi pentru cauze privind conflicte de muncă şi asigurări sociale, decizia civilă nr. 7093 din 3 decembrie 2009
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Curtea de Apel Craiova, secţia a II-a civilă şi pentru conflicte de muncă şi asigurări sociale, decizia nr. 5097 din 28.12.2009
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Curtea de apel Galaţi, secţia civilă, decizia nr. 1556 din 21 octombrie 2011
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Curtea de Apel Piteşti, secţia civilă, pentru cauze privind conflicte de muncă şi asigurări sociale şi pentru cauze cu minori şi de familie, decizia civilă nr. 1399/r‑cm din 14 octombrie 2009
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Curtea de Apel Bucureşti, secţia a VII‑a civilă şi pentru cauze privind conflicte de muncă şi asigurări sociale, decizia civilă nr. 7107/R, şedinţa publică din data de 3 decembrie 2009
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Răspunderea patrimonială a salariaţilor în lumina noilor modificări ale Codului muncii[1]
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Prestarea muncii în sistem de detenţie sau ca executare a pedepsei
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Curtea de Apel Iaşi, secţia contencios administrativ şi fiscal, decizia nr. 330 din 27 mai 2008
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Establishing in the state of civilized property relations is the key to the formation of an effective democracy in it. This article has mechanisms for protecting property rights and the responsibility of the Member States of the European Convention on Human Rights and Fundamental Freedoms in the practice of the European Court of Human Rights. In the decisions of the European Court of Human Rights it has been determined that the subjects of the right to protection of their property may act not only individuals and legal but also state entities, and objects are movable and immovable, tangible and intangible elements that have economically valuable characteristics. The case law of the European Court in the field of protection of property rights is analyzed and the main points of the European Court of Human Rights are researched regarding the legal nature of the State's positive responsibility in the execution of judgments of the Strasbourg Court of Human Rights.
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This study examines arbitration proceedings that were discontinued after being registered with the ICSID Secretariat under the ICSID Convention and ICSID Arbitration Rules or under the ICSID Additional Facility Rules between 2010 and 2019. The research focused on number of discontinued arbitration proceedings and the legal grounds invoked by the parties to discontinue the arbitration proceedings. The study revealed that settlements are the most common reason for the discontinuance of the proceedings. However, in a surprisingly small number of cases, the parties requested the arbitral tribunal to transform the settlement into an arbitral award on agreed terms. Furthermore, the number of cases discontinued due to the non-payment of deposits was equally small. Considering the grand entry of third-party funding into the field of investment arbitration, it may be predicted that the number of such cases will be even smaller in the future. The discontinuance of the proceedings due to non-activity of the parties is even less frequent. Regarding the states that have been involved in settlements, the author found that out of the 128 countries that have been respondents in at least one arbitration dispute during the period, 67 have settled at least one dispute, while 61 have not settled a single one. The picture of which countries tend to settle has changed comparing to the previous periods. The place of Serbia in this picture is not very good and should be improved. Serbia has had seven ICSID cases so far, but only one settlement. The high costs of the arbitration proceedings administered by ICSID justify investing more effort into creating a permanent mechanism which will enable settlement both in the pre-arbitration phase and after the case has been registered.
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The active role of the judge has many components, one of them referring to the clarification of the procedural framework. Even if the judge cannot exceed the limits of the judgment, set by the parties through their applications and defenses, the court has the obligation to set these limits correctly, in cases where the parties' requests are ambiguous in this regard. The article analyzes, starting from Decision no. 28/2015 of the High Court of Cassation and Justice, the implications of identifying by the appellate court an implicit claim that the first court did not take into account when it verified its competence and solved the case. The interpretative approach is determined by the recent modification of the provisions of art. 130 paragraph (2) and art. 131 C. pr. civ. regarding the time to which, in the first instance, the lack of public order competence can be invoked, respectively at which the first court is obliged to verify, ex officio, its jurisdiction.
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In the commentary I deal with the issue of the impact of a non-appealable verdict held in criminal proceedings for the crime of deceased’s abuse on the procedure concerning the unworthiness of inheritance. In reality of the case, such a conviction was passed to the testator’s wife, who was attributed physical and psychological abuse against her husband. Th e court of appeal in a case concerning the unworthiness of inheritance of the deceased, bound by the decision of the criminal court, found that the defendant (the wife of the testator) committed a serious crime against him. Given that the crime of abuse can only be committed intentionally, the court took the view that the claim of the unworthiness of inheritance deserved to be taken into account. In my opinion, the judgment of the Court of Appeal was correct. It is also to be welcomed that the court of the second instance decided to suspend proceedings until the criminal court delivered a judgment in a case of deceased’s abuse. After a conviction, the court of appeal correctly decided to take proceedings and gave a ruling on the merits of the case. Consequently, the court changed the contested judgment dismissing the claim and ruled that the defendant’s succession to the deceased was unworthy. This was the right decision to make from the point of view of procedural economics
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The Case-Law of the European Court of Justice (September – October 2019)
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Summary of judgements on tax matters delivered by the Court of Justice of the European Union in November-December 2019
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This article analyses the role of courts in corporate insolvency proceedings. In the last few decades the case law has established that courts play an active role in such cases in Lithuania. The Law on Corporate Insolvency which was adopted on 13 June 2019 incorporated this case law and establishes that courts shall be active in corporate insolvency proceedings, ensure effectiveness of such cases and protect public interest. The article examines what are the economic and legal reasons which justify the active role of courts in corporate insolvency proceedings and examines the legal regulation of corporate insolvency in foreign states (Germany, France).Also, the authors assess how the active of role of courts in corporate insolvency proceedings is compatible with the fundamental principles of civil proceedings (equality of the parties, adversarial principle). The laws on corporate insolvency proceedings do not address this question. Even courts shall be active in such cases, the main principles of civil proceedings must be applicable. Furthermore, the authors analyse how courts shall ensure effectiveness of corporate insolvency proceedings: collect evidence, control participants of the corporate insolvency proceedings. The authors also consider whether the relevant case law regarding the active role of courts in corporate insolvency proceedings which had been formed until the adoption of the new Law of Corporate Insolvency should be still applicable.
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