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ASPECTE PRIVIND PROTECȚIA PROPRIETĂȚII INTELECTUALE PENTRU PREDICI

Author(s): Constantin Anechitoae / Language(s): Romanian Issue: 2/2024

The transition of religion from small groups or from the first tribes, with beliefs in supernatural aspects, to the organized religion related to larger populations, which developed on the consideration of ensuring a means of organizingsocial and economic life, created spiritual leaders who, invoking divine authority , justified the existence of political authorities. The historical context of copyright in religious texts dictated by spiritual leaders is complex, reflectingthe cultural and legal evolution of religious beliefs with the invention of writing approximately 5000 years ago (3000 BC) in Near Eastern societies. Originally, copyright was explicitly applied to religious works because they were often considered public. With the development of modern copyright, religious texts began to be protected, especially in the forms externalized through „written works” and published. The Berne Convention played a crucial role in recognizing copyright in literary works, including religious works, eliminating the need for explicit indication of copyright protection. This change has ensured the development and interpretation of religious texts explained through the sermon, as well as all original religious texts that are recognized as valuable intellectual works that benefit from legal protection.

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Legal and Practical Challenges in Safeguarding the Rights of Juvenile Witnesses

Author(s): LEVAN DARBAIDZE / Language(s): English Issue: 22/2025

The right to a fair trial is the cornerstone of the rule of law, without which the democratic development of the country is impossible. The mentioned fundamental right is instrumental in equipping persons in conflict with the law with various important opportunities to protect themselves from unjustified interference in their rights by the state. A minor, as a legal subject, has the right to a fair trial and enjoys exactly the same legal guarantees as any other person in conflict with the law. However, a minor, in accordance with his development, needs special protection, so he cannot be treated in the same way as an adult. When children come into the justice system, the authorities must be guided by the "principle of the best/true interest of the juvenile". This article will address the legal and practical challenges in the field of realizing the right to protection of minors.

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Нормативна основа на противодействието срещу корупцията и отнемането на незаконно придобито имущество

Author(s): Elena Nedyalkova / Language(s): English,Bulgarian Issue: 1/2024

The article examines the emergence and development of the Bulgarian legislation governing the fight against corruption and the legal institute for confiscation of illegally acquired property in favor of the state. The subject of analysis are the strategic goals of the current legislation, the establishment of illegally acquired property, the concepts and measures for countering corruption.

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Въпроси на задължителната местна подсъдност по ГПК

Author(s): Denitsa Koleva / Language(s): English,Bulgarian Issue: 1/2024

The article reviews the different types of claims, under which local jurisdiction is established in the Civil Procedure Code as mandatory, and analyzes the interrelation between them. Special attention is given to the recent amendments to the Civil Procedure Code, which expand the list of claims with mandatory local jurisdiction. The relevant case law of the Supreme Cassation Court, as well as the different opinions in the legal theory, are also covered.

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LE NOUVEAU CODE RUSSE DE PROCÉDURE ADMINISTRATIVE ET SON RÔLE DANS LA RÉGULATION DE LA RÉSOLUTION DES AFFAIRES DE NATURE PUBLIQUE

Author(s): Maria Filatova / Language(s): French Issue: 4/2015

Le 15 septembre 2015, le nouveau Code de procédure administrative est entré en vigueur en Russie – une première dans l’histoire de la codification russe. Même si la création de la procédure administrative séparée est prévue par la Constitution du 12 décembre 1993 (l’article 118 envisage la réalisation du pouvoir judiciaire par les moyens de la procédure constitutionnelle, civile, administrative et pénale), jusqu’en septembre dernier, les affaires de nature publique (au sens large, c’est-à-dire, avec la participation de l’État comme une autorité) étaient tranchées selon les règles spéciales des Codes de procédure civile et de procédure commerciale.

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LES MESURES INTRODUITES EN POLOGNE, SLOVAQUIE ET HONGRIE FACE À LA CRISE HUMANITAIRE DÉCLENCHÉE PAR LA GUERRE EN UKRAINE

Author(s): Arianna Angeli / Language(s): French Issue: 32/2023

The article deals with the various measures falling under a special legal regime, put in place by certain countries bordering Ukraine following the outbreak of war by the Russian Federation and the humanitarian crisis that arose as a result. Measures that raise questions about the instrumentalization of the conflict to establish exceptional regimes allowing political authorities to circumvent the limitations imposed on their action in so-called "normal" periods of governance.

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LA RECONNAISSANCE JURIDIQUE ET LA PROTECTION DE PERSONNES TRANSGENRES EN CAS DE CHANGEMENT D’IDENTITÉ DE GENRE EN ROUMANIE

Author(s): Ramona Delia Popescu / Language(s): French Issue: 32/2023

The article addresses the Romanian legislation and case law on gender reassignment from the perspective of civil law in Romania. By first highlighting the distinction between sex and gender in Romanian law, the author then discusses the international regulations on the matter in order to address the consequences and modalities of gender reassignment on Romanian civil status through a judgment rendered by the European Court of Human Rights in 2021 against Romania.

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L’AFFAIRE ZHABLYANOV C. BULGARIE: NOUVELLE ILLUSTRATION DE LA SUBTILITÉ D’ARBITRAGE ENTRE LES IMPÉRATIFS DE DÉFENSE DE LA SOCIÉTÉ DÉMOCRATIQUE ET LA LIBERTÉ D’EXPRESSION

Author(s): Natașa Danelciuc-Colodrovschi / Language(s): French Issue: 32/2023

Based on the analysis of the Zhablyanov v. Bulgaria judgment, pronounced by the European Court of Human Rights, the author addresses the question of the difficult balance to be struck between freedom of expression, which is one of the foundations of a democratic society, and the limitations that must sometimes be imposed to protect this same society. The research highlights in particular the interpretative techniques used by European judges in assessing the limitations to freedom of expression provided for in Article 10 of the European Convention on Human Rights and the concept of abuse of rights established in Article 17 of the same text.

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LE DROIT DE VOTE DES DÉTENUS ET DES MAJEURS SOUS TUTELLE EN BULGARIE

Author(s): Aleksandar Tsekov / Language(s): French Issue: 30/2022

L’élaboration de la présente contribution a été motivée par une affaire récente jugée par la Cour constitutionnelle bulgare1. Celle-ci a été saisie par le Conseil des ministres pour émettre une interprétation contraignante des dispositions de l’article 42, al. 1 de la Constitution 2 . Le texte constitutionnel indique notamment que « Les citoyens âgés de plus de 18 ans, à l’exception de ceux qui sont placés sous tutelle et de ceux qui purgent une peine privative de liberté, ont le droit d’élire les organes étatiques et locaux et de participer aux consultations populaires. ». On peut constater que le texte n’octroie pas le droit de vote à trois catégories de citoyens bulgares: les personnes de moins de 18 ans, les personnes placées sous tutelle et les personnes purgeant une peine privative de liberté.

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New Medical Technologies and the Reproductive Rights from a Human Rights Perspective

Author(s): Loredana Terec-Vlad / Language(s): English Issue: 1/2023

The intervention of a medical team in the family life, by providing medical assistance within the limits of the administration of fertility drugs or surgical interventions did not raise major ethical dilemmas, since this interference in the private life is seen as necessary for a higher purpose (securing a more important right), namely the right to have children naturally (and not only through adoption). The human rights system requires the exclusion of any discrimination in the treatment of citizens when their fundamental rights are recognized and defended, but the new reproductive technologies, before discussing equitable access to resources, raise much more important issues, such as the recognition or the non-recognition of some new rights, which technology makes possible (or brings to the fore).

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Ewolucja statusu prawnego dzieci pozamałżeńskich w prawie szkockim (1836–2006)

Author(s): Mateusz Szymura / Language(s): English Issue: 338/2024

This article concerns the process of redressing the diff erence in the legal situation of maritaland extramarital children in the Scottish legal system. The extent of discrimination against the lat-ter group concerned not only the spheres of their relationship with their father and his family, butalso personal private legal rights (such as the right to dispose of property mortis causa by meansof a will), as well as public rights. The process, which began in the 19th century, initially had thescope of incremental changes, but ones that paved the way for systemic reform in the 20th century.This in turn lead to the abolition of “illegitimacy” as a characteristic of an individual resultingfrom the form of his parents’ relationship at the time of conception or birth of the child, which tookplace in the 21st century, which at that time was in fact a purely symbolic motion. The problem of discrimination against extramarital children is a universal one. At the same time, the way and legalprocess over which the legal diff erences in the status of these two groups of children would havebeen completely eliminated will remain discrete and specifi c for each legal system.

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Dyskryminacja dzieci pozamałżeńskich w ustawodawstwie cywilnym w Drugiej Rzeczypospolitej i próby jej przezwyciężenia w projektach kodyfikacyjnych

Author(s): Leonard Górnicki / Language(s): Polish Issue: 338/2024

The article points out that of the fi ve coexisting systems of family law in independent Po-land that originated in the partition era, which were treated as Polish district law (namely: theFrench-Polish legislation in the central lands, the Russian legislation in the eastern lands, the Aus-trian legislation in the southern lands, the provisions of the Austrian legislation in force together,as well as some Austrian marriage laws and the Hungarian Personal Marriage Law of 1894 in Spišand Orava, and fi nally German legislation in the western lands of the Second Republic of Poland)—all discriminated against extramarital children, then known as “non-marital” and “illegitimate” or“natural” children. The rule, therefore, was that there existed a diff erence in the legal position ofmarital and extramarital children.The author initially analyzes the concept of an illegitimate child in district legislation in inter-war Poland, then addresses the issue of the distinction in the category of illegitimate children, aswell as the uniform regulation of their legal status in after partitions legislation. He then moves onto the work of overcoming discrimination against extramarital children in the Codifi cation Com-mission of the Republic of Poland, analyzing the original drafts prepared by Stanisław Gołąb (1934)and the drafts by the Subcommittee of the law on kinship and guardianship relations of the Codi-fi cation Commission based on them.The author argues that the drafts in Stanisław Gołąb’s original version were more progressive,since at their core was the fundamental equality of rights between children born during marriageand non marital children, while the Subcommittee gave this a more declarative form by assumingthat a child born out of wedlock could be equated with a marital child by order of the court (offi ce)of guardianship, issued at the request of the authorized subjects and with the consent of the personsindicated therein. At the same time, the author stresses that the new thoughts expressed in StanisławGołąb’s original draft, which constituted an important legislative advance, also found expression inthe version passed and still being amended by the Subcommittee, in particular the idea of essentiallyequating children born out of wedlock with marital children, the care of the court (offi ce) of guard-ianship and social welfare authorities over children born out of wedlock, as well as the principle ofexercising parental rights solely in the interests of the child, including those born out of wedlock.Work on the second reading of the drafts was not completed until the outbreak of World War II.

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Discussions on the Content of the Right to Private and Family Life from the Perspective of Reproductive Rights

Author(s): Loredana Terec-Vlad / Language(s): English Issue: 2/2023

Since the ancient times, the birth of a child has been a special event for the child's family and from a social viewpoint. It is simplistic to consider the reproduction as an event that belongs exclusively to the private life of the couple because it is considered that there has always been an interest on the part of society regarding the context in which its future members come into the world. The issue of the reproductive rights is of particular relevance in this day and age, especially in the context of the new reproductive technologies, which transform the issue from one that is already complex and sensitive, to one that urgently requires the clear establishment of some fundamental axes at the level of the principles of law; however, we must appreciate that the foundation of any legal protection is precisely the recognition by the legislator of these rights. Therefore, the question from which we start in our approach is whether we can recognize the per se existence of reproductive rights, and if so, what would be their basis and the reasons that could lead to the recognition of such rights. The subsequent questions that arise are the following: what are the limits of these rights, who are their holders and what is the type of legal protection that must be granted to them?

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Affectio Societatis: An Analysis of Cohesion and Trust in the Structure of Limited Liability Companies

Author(s): Eugenia Gabriela Leuciuc,Valentine Charlotte Ene / Language(s): English Issue: 2/2024

In a limited liability company, the intention of the partners to collaborate effectively and on an equal footing in the operation of the joint venture is superimposed on the intuitu personae nature of the relations established between them; full confidence in the achievement of the common purpose they have set themselves intensifies the desire to collaborate in the operation of the economic enterprise on an equal footing, to the exclusion of any subordination. The willingness of the partners to act in this capacity therefore varies in intensity according to the specific nature of the company; the greater the risks to which they are exposed, the more the affection societatis component is present in their willingness to exercise all their social prerogatives.

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Teoria impreviziunii din perspectivă europeană

Author(s): Ana-Maria Lupulescu / Language(s): Romanian Issue: 03/2025

The principle of binding force is a fundamental principle that traditionally governs the effects of the contract, finding its justification, depending on the historical era, on different considerations. Currently, regardless of its theoretical basis, this principle is recognized by all the legal systems of the European states. In this context, the question arises as to what the task of judge is - to require the parties to perform the contract literally, regardless of the consequences, so as not to contravene their will, or, on the contrary, to intervene to review the contract when it is clearly unfair and unbalanced.For these reasons as well, in most legislations, there are exceptions to the principle of the binding force of juridical acts, category that also includes the hardship theory. Therefore, the theory of hardship is now recognized by law and applied in a similar manner in all European legal systems, justifying the adaptation of the contract, preferably by renegotiation by the parties, but also as a result of judicial intervention.

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Insolvența transfrontalieră și reflectarea ei la nivel de legislație

Author(s): Emilia Mădulărescu,Cristina-Nicoleta Iachim / Language(s): Romanian Issue: 03/2025

The purpose of this article is a non-exhaustive examination of the regulation of cross-border insolvency, as regards the model law of UNCITRAL, transposed internally by the provisions of Law No 85/2014 (Title III, Chapter II), and European Regulation 848/2015, currently in force. After individualising the scope of each of the two pieces of legislation, the analysis focuses on regulation at EU level, as the EU regulation applies directly at national level without further transposition rules. We focus on how to determine international jurisdiction, in relation to the concept of the centre of the debtor’s interests’ (COMI), which will be examined in the light of the provisions of Regulation (EU) No 848/2015 and the case law of the CJEU. The analysis will continue with the presentation of the relationship between the main and secondary insolvency proceedings, from the point of view of the effects of each of them. Consideration will also be given to the combination of the abovementioned regulation with other acts of European law and legislative developments, given concrete expression by the adoption of Directive (EU) 2019/1023 on restructuring and insolvency and a proposal for a directive on the harmonisation of certain aspects of insolvency law rules of December 2022, which will be briefly presented.

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Încetarea de drept a contractului individual de muncă al personalului didactic din învățământul superior. Compatibilitatea art. 219 alin. (1) din Legea nr. 199/2023 cu Directiva 2000/78/CE

Author(s): Elena Daniela Oprescu / Language(s): Romanian Issue: 03/2025

Establishing an age for the automatic termination of an individual employment contract may represent a form of direct discrimination on the grounds of age, according to Article 2, paragraph (2), letter (a) of Directive 2000/78/EC, in the absence of fulfilling the conditions regarding a legitimate aim and the appropriate and necessary means for achieving that aim, as provided by Article 6 of the directive.Law no. 199/2023 on higher education derogates from the general provisions of the Labor Code regarding the automatic termination of the individual employment contract for teaching and research staff in higher education; thus, unlike general law, this legislative act does not condition the automatic termination of the individual employment contract of the mentioned staff, upon reaching the age of 65, on the existence of a pension entitlement.I consider that there is no legitimate purpose for which the legislator did not condition the automatic termination of employment relationships on the existence of a pension entitlement. Firstly, an analysis of both national general law and special laws shows that the rule is represented by conditioning the automatic termination of employment relationships on a pension entitlement. Secondly, we note that, by mutual agreement, the employment contract of teaching and research staff may continue even after the age of 65, without the legislator specifying a maximum age limit. Therefore, since the continuation of employment relationships is allowed for an indefinite period, even after reaching the age at which employment relationships automatically terminate, we cannot conclude that the purpose of this provision is to promote the professional integration of young people or to achieve age diversity.Since the legislator has not indicated the reason why the conditions for the automatic termination of employment relationships for teaching and research staff must differ from those applicable under general law, or those applicable to specific professional categories, and these reasons are not evident within the context of national law, we conclude that there is no reasonable justification for the different treatment instituted by Article 219, paragraph (1) of Law no. 199/2023, which is discriminatory.

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Prin Decizia nr. 39/2024, pronunțată ca hotărâre prealabilă de Înalta Curte de Casație și Justiție, „iarba e mai verde în curtea altuia”

Author(s): Roxana Truța,Claudia Roșu / Language(s): Romanian Issue: 03/2025

In this study is analyzed the Decision no. 39/2024, pronounced by the High Court of Cassation and Justice - the Panel for the absolution of a legal issue, through it was admitted the referral of the Bucharest Court of Appeal — Section VII-a for cases concerning labour conflicts and social insurance.Thus, in the interpretation and application of Article 341 par. (2) of the Civil Procedure Code and in relation to the provisions of Articles 74 and 75 of the Civil Code, it has been established that the evidence of recording a telephone conversation between an employee and another employee or representative of the employer, requested in a dispute against the employer, is admissible, even if the registration was made without the prior consent and/or information of the interlocutor, provided that a fair balance between the right to proof on the one hand and the right to privacy on the other, on the other hand, in the sense that the consent of proof must be indispensable to the exercise of the right to proof and strictly proportional to this purpose.Contrary to the solution adopted, the authors demonstrate that the complaint was inadmissible, but on the substance they agree with the solution pronounced.However, we are in the presence of a partial absolution, because all courts will have to on the case, on the case, on the case, determine whether or not to agree with the administration of the evidence with the recording of the telephone conversation when one of the parties was unaware of this fact.

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Contracte subsecvente în baza aceluiași acord-cadru. Existență independentă din perspectiva aplicării puterii lucrului judecat

Author(s): Ramona Cîrlig / Language(s): Romanian Issue: 03/2025

The section contains a selection of the most important decisions from the Romanian Courts. The decisions are selected and commented by authors. The emphasis of this section resides in the ability of each author to comment upon a relevant case-law and to comment upon the legal issue brought by the court. The decisions are summarized and grouped by law subjects. The decisions present the situation in question, the procedures, the arguments brought by the parties and the pronounced solutions. Each decision contains a short commentary relating to the legal issue analyzed by the court.

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LEGAL CHARACTERISTICS OF THE SALE

Author(s): Nicolae Grădinaru / Language(s): English Issue: 2/2024

The Civil Code no longer refers to sale-purchase but only to the sales contract. According to art. 1650 of the Civil Code, the sale is the contract by which the seller conveys or, as the case may be, undertakes to convey to the buyer the property of a good in exchange for a price that the buyer undertakes to pay. A dismemberment of title or any other right may also be conveyed by sale. In addition to these regulations, which make up the "common law", Romanian legislation also includes, in matters of sale and purchase, other rules, of a special character, applicable only to certain sales

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