Fiat Iustitia

5-11

Authors: Agata Mihaela Popescu, Ionita Cochintu

The right of access to justice is one of the most important fundamental rights elevated to constitutional principle, as laid down in Article 21 of the Constitution, which provides that "any person can go to court to protect the rights, freedoms and interests legitimate, no law may restrict the exercise of this right, the parties having the right to a fair trialand settlement of cases in a reasonable time". But, like any law, access to justice is subject to certain limitations, not an absolute right, and in consideration of special circumstances may be considered special rules of procedure, as well as ways to exercise procedural rights. Under the constitutional provisions of Article 126, the legislature may establish general rules of procedure, but may establish certain rules derogating from the common procedure. These are the general rules which set bail, but also that certain entities exempt from the payment. In this paper we try to present reasons why the legislature has resorted to such measures and considerations taken into account by the constitutional court has ruled that it is constitutional exemption from the payment of public institutions established by way of bail.

12-19

Authors: Maria Ureche

Applicability of administrative regulations, in correlation with the incidence of tax rules, gave birth to custom situations, which, in addition to the one created in the understanding and the wrong interpretation of the text of the law generated the application of the force of compulsion of the State. The present work is not focused only on a theoretical analysis of texts of law incidents, but especially is based on practical comments considering the action filed in the Administrative Court by a person who was considered damaged by the administrative authority.

65-71

Authors: Mihai Cucu

Le but du présent ouvrage est d’analyser et de mettre en relief les bénéfices des exercices physiques effectués par les détenus tant dans le cadre de l’enseignement pénitencier, que dans celui des activités ludiques permises à ceux-ci. Les recommandations de l’U. E. dans ce domaine prévoient que la détention n’a plus un rôle coercitif, mais éducatif. Nous avons suivi sur les lieux les effets bénéfiques de ces activités sur le comportement des détenus. Avec le personnel du pénitencier et les cadres didactiques de l’école qui s’y trouve, à la suite de cette recherche, nous avons abouti à la conclusion que les activités sportives engendrent les meilleurs résultats en vue de la rééducation des incarcérés. Les bons résultats de la recherche nous autorisent de proposer l’allocation d’un nombre plus grand de classes destinées à ces activités, en particulier dans les écoles des pénitenciers, cela étant aussi le principal désir des condamnés élèves.

86-105

Authors: Ilie Urs

The maintenance contract is currently a called contract, specifically governed by the new Civil Code in Title IX ( Various special contracts ), Chapter XVIII, art. 2254 -2263. Maintenance may be provided against payment or free of charge. Also, maintenance can be provided in favor of a third-party beneficiary.The maintenance contract may be concluded for a specified term or for life-kept. Like life annuity, maintenance can be established and maintained during the life of many. If the maintenance contract has several lenders and borrowers, the maintenance obligation is indivisible both in terms of creditors and debtors about. Maintenance debtor owes established benefits equitably, taking into account the value of the social capital of the creditor before the contract. Benefits in kind the debtor, to be fair, must be adequate materialy and spiritualy to the needs of the maintenance creditor, to ensure its normal standard of living, normally at least equal to that before the contract. Also, benefits in kind should be adapted and updated for age, current needs and developments in the health maintenance of the creditor. The maintenance contract is terminated by resolution. When termination is based on art. 2263, paragraph 2 of the Civil Code or is made without the justification in failure of maintenance, termination may be given only by the court.

119-124

Authors: Elena Damian

An important representative of the Godefroy family, a true dynasty of legal advisers and historians, Jacques Godefroy (Geneva, 1587-1652) spent almost his entire life in Geneva. In 1619 he was named professor of law at the University of Geneva, but he was better known and more appreciated for his numerous works than for his teaching activity. Among his works, the most famous and mostly used by jurists is the remarkable commentary on the Theodosian Code, Codex Theodosianus that appeared in Lyon, in 1665, in 3 volumes in-folio and was reedited in Leipzig in 1736-1745. A few copies of the valuable works of the French scholar can be found in Transylvania as well, and they are still kept even today in some prestigious libraries in Cluj-Napoca or Târgu-Mureş. Among the owners of these books there also were the well-known scholars Timotei Cipariu and Sámuel Teleki.