Fiat Iustitia

1-8

Authors: Oniga Tudor

Within this paper the author has tried to capture some decisions of the Constitutional Court, some incidents regarding the laws of approving some ordinances. We brought to attention in particular those controversial decisions which were adopted as a consequence of a previous promulgation control although most of them didn’t have anything to do with the qualification law, as in our opinion was normal to be made, but those ordinances that the Parliament would approve.

14-29

Authors: Horea Crișan

The control of laws’ constitutionality represents one of the key points of debating the past, present and future of the constitutional system in a context of democratic regime. The development of concept of law’s constitutionality control exercise by a special body is one of the most important aspects of constitutional awareness of human rights, property and society developments.The rules of constitutional law of each European state contain and embody a different determination about what ‘just’ outcome of a dispute should be – every legal system is …the expression of particular form of life and legal regulation express the collective identity of nation citizens.

60-73

Authors: Codruta Jucan

As the Roman family was at the centre of the Roman Civilization, the status of women relating to the institution of Marriage needed to be well established in order to bring order to the vast scope of social realities from within the Empire. Comprised of a complex social and juridical set of norms, the status of women within the institution of Marriage instilled life into diverse social realities, from aspects like inheritance law to the role of the female figure in the mystic representation of the Roman family. The present paper aims at establishing general guidelines regarding the juridical status of women, referring to each of the key roles fulfilled by women within the Roman family and their relation to the institution of Marriage.

86-89

Authors: Sidonia Culda

Our case-analysis concerns the situation of simulation by disguise of a civil legal act. From a legal point of view, the essence of this case is the existence of a final and irrevocable court decision for solving a case concerning aland registration suit. Due to this court decision having the power of res judicata, the assertion of the claimant that in reality he did not want to conclude a presale contract, but a donation contract exclusively to the benefit of his son, is inadmissible and without any legal effect.

98-106

Authors: Corina Buzdugan

The legal system should not be confused with the systematizing legislation or the regulatory laws. The legal system takes form together with a particular type of law and the inner connections, the correspondence between laws and their division into categories and institutions is ultimately determined by the social connections.

1-5

Authors: Sorina Siserman

In the present paper we analyze the method and the limits within which law courts shall proceed when, during the settlement of a trial, the defendant claims that he suffers from a serious illness. We insist upon two separate situations. The first one aims at the situation when the defendant is under the unfolding of the trial, while the second one is subsequent to his final condemnation consisting of the penalty of deprivation of liberty.

19-30

Authors: Sidonia Culda

The theory of imprevision is a very good example of the way in which traditional civil law concepts are called upon to demonstrate their correspondence to a certain economic reality. Both its generating causes and its effects on contractual relationships plead for the theoretical and practical importance of this theory. Imprevision prevails as an efficient legal instrument in solving legal situations having contractual origins, determined by a drastic and unpredictable change of the economic circumstances at the moment of executing the contract as compared to the date of its conclusion by the contracting parties. As for its domain of application, imprevision occurs in contracts with pecuniary obligations. The conditions of imprevision are the following: the obligation becomes excessively onerous as a result of a change in contractual circumstances, the moment of the changes in circumstances must be ulterior to the conclusion of the contract, the unpredictability of the change of circumstances at the moment of concluding the contract, the risk determined by a situation of imprevision shall not be within the category of risks that the debtor has undertaken at the moment of concluding the contract or that arise from the nature of the contract. This article analyses the problem of imprevision comparatively: in Romanian law, BGB and the project of the future European Private Code. The latter one may represent a starting point for both doctrine and jurisprudence in reconsidering the relationship between the principle of the mandatory force of contracts and imprevision. Finally, we will analyse the similarities and differences between administrative imprevision and imprevision in civil contracts.

39-63

Authors: Anca Georoceanu

L’impôt sur le profit, réglementé en Roumanie par une succession d’actes normatifs, constitue une grande partie de la charge fiscale que la société doit supporter. Cet impôt est apparu plus tard que l’impôt sur les revenus des personnes physiques dans la majorité des États. Cet article aborde la réglementation de l’impôt sur le profit dans la période post-communiste, depuis le commencement du processus de transformation des entreprises d’État en entreprises commerciales et régies autonomes. Analysé à la lumière de nombreuses modifications législatives, l’impôt sur le profit est une charge fiscale importante qui concerne les bénéfices réalisés par une grande catégorie de contribuables.

82-87

Authors: Corina Buzdugan

The subjective civil rights can be exercised only if they abide the law. It goes without saying that the acknowledgement of any subjective civil rights is not enough, it has to be followed by the full protection and effectiveness of these rights. Exercising the subjective civil rights means achieving satisfaction for the parts involved under their own law.

1-9

Authors: Paul Popovici

In the Romanian Orthodox Church (ROC), the election of a metropolitan stands in fact for the election a hierarch. The rules of the ROC Statute follow the principles that were established through the Organic Statute of Andrei Şaguna. In its turn, Şaguna’s Statute was based on a very old church tradition that asked for involving the laymen in the church life and, implicitly, in nominating the church leaders. This paper tries to present a juridical analysis of the rules in force. At the same time, some comparisons are being made between the present statute and the first statute of the wholly ROC, with a few explanations concerning the nuances that can be traced between the two systems.

28-52

Authors: Anca Georoceanu

L’impôt sur le profit, réglementé en Roumanie par une succession d’actes normatifs, constitue une grande partie de la charge fiscale que la société doit supporter. Cet impôt est apparu plus tard que l’impôt sur les revenus des personnes physiques dans la majorité des États. Cet article aborde la réglementation de l’impôt sur le profit dans la période post-communiste, depuis le commencement du processus de transformation des entreprises d’État en entreprises commerciales et régies autonomes. Analysé à la lumière de nombreuses modifications législatives, l’impôt sur le profit est une charge fiscale importante qui concerne les bénéfices réalisés par une grande catégorie de contribuables.

59-68

Authors: Nicolae Roș

As a result of legislation in domain, namely Law no. 18/1990 - Land Law, Forest Code and Law no. 2 / 1987 on the conservation, protection and development of forests, their rational economic exploitation and maintaining ecological balance, with all modifications brought have become practically unenforceable. Therefore, the appearance of a basic normative act in order to govern in the new conditions of social life, this important segment of the economy and life, was required with maximum urgency. The new Forest Code, namely Law no. 26 of 24 April 1996 was published in the Official Gazette of Romania no. 93 of 8 May 1996.

1-10

Authors: Elena Mihaela Fodor

The article is presenting a general description of the characteristics of administrative sanctions, as well as a comment on contraventions and the group of other administrative sanctions. Legislation that supports different principles is presented. Regarding contraventions, the principles that mirror the criminal origin of this category of sanctions are emphasized.

28-47

Authors: Ilie Urs

Promise bilateral sale is an agreement (pre-contract) in which both sides called promissory promissory-seller and buyer is obliged to conclude between themselves, in future, a purchase contract, whose essential elements (work and price) are already established by promise.

53-70

Authors: Codruta-Ștefania Jucan

Serving as the base framework on the status of women, the legal abilities of women in Roman Law served as a reference point in the whole ensemble of social and legal norms that governed the life of Roman women within the Empire. The present paper is an attempt to shed light on the legal abilities of Roman women within the Roman province of “Dacia”, taking in account both legal Roman norms and social realities of the time. Inextricably linked to the institution of Marrige and to the Roman family, the status of Roman women was a complex ensemble of juridical and social norms which reflected the very essence of the Roman society.