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DEFINITION OF USUFRUCT AND ITS IMPORTANCE IN CIVIL LAW
Mariana-Alina ZISU9 December 2024Usufructuary is a general way of acquiring the property right, but it also constitutes an indirect sanction directed against the former owner of the building, who, showing negligence, left it in possession for a long time another person, allowing him through his passivity to behave publicly as an owner. Therefore, the active procedural capacity in the request to establish the right to ownership through usufruct can only be owned by the former owner of the building and by since the plaintiff did not prove the ownership of the land in dispute, and the defendant constantly testified to the court that the plaintiff never had the respective land in his patrimony, it is obvious that the plaintiff has no standing active process. -
COMMUNICATION WITH NEUROLOGICAL PATIENTS: A PUBLIC POLICY PERSPECTIVE
Medical communication is an important element in the doctor-patient relationship. Special attention must be paid to neurological patients and how they are communicated with. They often feel vulnerable due to health problems and unfamiliar people, frequently having poor memory and confused thinking. Particularly, emphasis must be placed on obtaining informed consent and respecting their confidentiality. Effective medical communication will help the doctor achieve their goals in dialogue with the patient and improve the outcomes of their professional activity. -
SEVERAL LANDMARKS REGARDING THE HISTORICAL FOUNDATIONS OF ROMANIAN CIVIL LAW
Ramona DUMINICĂ; Daniela IANCU9 December 2024Civil law is the foundation of the entire private law legislation. Therefore, at present, the autonomy of other special matters, such as family law, commercial law, labour law, private international law and so on is never total, their concepts maintaining a strong connection with the fundamental notions of civil law. In view of this aspect, without the pretence of an exhaustive analysis, this article seeks to show that the whole “greatness” of civil law is justified primarily by its historical foundations. Starting from Roman law, passing through the old Romanian law and culminating in the elaboration of the Romanian Civil Code of 1864 we find a model of reasoning, technique and procedure that forms the nucleus around which the current civil law developed. -
CAPACITY AND UNDUE INFLUENCE IN WILLS AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: WHICH HUMAN RIGHT?
Prue VINES9 December 2024This article considers capacity and undue influence in the Anglo-Australian law of wills and how they might be impacted by Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. The article compares the common law view of capacity, which is transactional but either exists or doesn’t exist with the view taken by Article 12 which asks States to protect capacity by supporting decisionmaking. Undue influence is only pleaded where capacity exists, but it is notoriously difficult to prove and it has been argued that it should be made easier, in part by reference to Article 12. In this article I use the prevalence of elder abuse to illustrate the problems that may be created by using supported decision-making. I argue that supported decision-making is a naïve approach to capacity in view of the level of inheritance impatience and financial elder abuse in existence, and that those who seek to lower the bar for undue influence may be mischaracterizing the relevant human rights and causing rather than alleviating harm. I argue that the relevant human right is not the right not to be unduly influenced, but the right to exercise testamentary capacity. I then argue that the way to protect this right is not by lowering the bar, but by requiring lawyers to take the necessary steps while making wills and other instruments such as enduring powers of attorney or guardianship. -
ARTIFICIAL INTELLIGENCE AND THE NEW LEGAL ORDER: CHALLENGES AND OPPORTUNITIES FOR FUNDAMENTAL RIGHTS
Rainer ARNOLD9 December 2024Artificial intelligence has become part of our lives and has gained a significant role. In this context, the law has a dual task: on the one hand, it must promote technological development, but on the other hand, it must protect against its potential dangers. This is a task for the state, but also for the supra- and international legal system. In relation to the state, there is a constitutional duty to promote technological progress. This follows from the fundamental constitutional idea of protecting and promoting the people in the national community, also from the principle of the social state and also from the duty of protection inherent in fundamental rights. The state's obligation to protect against the dangers of technology can be derived directly from fundamental rights. The guarantee of human dignity as the supreme value of the legal system plays a special role here, precluding the domination of technology over humans. But numerous other fundamental rights (at the national and EU level and based on corresponding guarantees in the European Convention on Human Rights and other documents) are also guarantees against potential threats from artificial intelligence. The fundamental values of the liberal democratic constitution: human dignity, the principle of freedom and equality remain unchanged as the basis for the legally regulated coexistence of people in the state community. However, the constitutional norms must duly integrate the new reality that artificial intelligence creates through its power of influence into their protective function. -
EMBRACING THE NEEDS OF SOCIETY: THE EXTENDED PROTECTION ORDER
Mădălina MANOLEJuly 2024Domestic violence has specific characteristics that distinguish it from violence encountered in other social contexts. The close and intimate interpersonal relationships between family members amplify the impact and complexity of this phenomenon. The Romanian legislator’s adoption of the Law on Prevention and Combating Domestic Violente in 2003 was an important step in addressing this serious problem. However, it is obvious that Romanian society has evolved since then and tis needs have also evolved. Despite legislative efforts and increased awareness of violence, the phenomenon has not been significantly reduced and, in some cases, has even increased. The Romanian legislator noted that, in addition to criminal legal instruments, a comprehensive and integrated approach should be necessary to provide adequate support and protection to all victims of violence, regardless of the context in which it takes place. Thus, the adoption of the extended protection order is an innovative and necessary measure aimed at providing support and protection to any victim of violence, whether he or she is a family member or is experiencing violence in another social context. This initiative reflects the continuous efforts of the legislator to adapt the legislation to the current needs of society and to ensure that all those affected by violence can receive adequate support and protection. -
FIGHTING ORGANIZED CRIME THROUGH THE EUROPEAN INVESTIGATION WARRANT
Maria-Andreea STAN; Paper coordinated by Ph.D. Associate Professor Constanța MĂTUȘESCU, email: constanta_matusescu@yahoo.com, ORCID: 0000-0001-7055-5843.July 2024Romania's accession to the European Union has determined, among the many benefits, also trends in the manifestation of criminal ideas, such as organized crossborder crime. This aspect boosted the development of concrete and effective legislative frameworks, which contravene the anti-social behavior of the nationals of the member states.Judicial cooperation in criminal matters is based on the principle of mutual recognition of court judgments and judicial decisions and includes measures to connect Member States' legislation in several areas. Thus, this article proposes the analysis of the European investigation order, as one of the main means of obtaining evidence in the European criminal process. -
ASPECTS OF ARTIFICIAL INTELLIGENCE BASED ON HUMAN RIGHTS
Sidhanta KUMAR BALABANTARAY; Vasundhara; Amisha KUMARI; Abhishek EMMANUAL HANSDAKJuly 2024The applications of artificial intelligence is definitely useful towards beneficial of society and can preserve all positive aspects linked with society. The primary intention in this study is to focus on impacts of artificial intelligence from social and legal perspectives. This specific application in general may be provisioned with executable framework addressing the challenges enhancing the usage of several applications linked with human rights. However, this study may not be so inclusive on the technological and business oriented aspects, but more inclined with the legal, social as well as algorithmic aspects. Usually, artificial intelligence is designed to perform specific functions in a way better and efficiently. Of course the perception of the development may revolve around its propensity to interfere with human rights. Usually, the experimentation on the intelligent system may not be identical as carried out by traditional mechanisms; somehow the relation of an intelligent system emanating from Artificial Intelligence may not include the rights in all respects. Also as a part of contribution, it can ease the day to day activities and monitor the human rights effectively. In this work, the several aspects of intelligence based on human rights are prioritized. -
DOCTRINARY AND CASE-LAW ASPECTS OF THE LEGAL INSTITUTION OF REMOVAL FROM OFFICE
Florina MITROFANJuly 2024This study starts from the analysis of the public office as a specific legal institution of administrative law, highlighting the particularities in doctrine and case law that constitute elements that may lead to dismissal from public office. -
ARTIFICIAL INTELLIGENCE, PLAGIARISM AND UNIVERSITIES
Marius VĂCĂRELUJuly 2024Education is a crucial sector of society, but it does not always receive the attention from governments that it rightly deserves. Nevertheless, many of its issues are not solely dependent on the funding brought into the system, but rather on a comprehensive, integrated approach to the entire education system. The advent of the Internet – as the first major step in digitalisation – and subsequently the capabilities of Artificial Intelligence (AI) have disrupted a functioning logic that has been established for centuries, which has not been advantageous for the system. However, these technologies are here, and their effects on education multiply every day, one of which is an almost natural increase: plagiarism in universities. The contemporary context necessitates – across the full spectrum of digital systems' capabilities – that the debate on plagiarism and its prevention holds a prominent place. This is essential to preempt the numerous issues that will inevitably arise should there be a lack of prudent regulation. The text I propose will examine this situation within the dynamic framework of advancing Artificial Intelligence capabilities. -
INTERNATIONAL JUDICIAL COOPERATION IN CRIMINAL MATTERS - EUROPEAN AND ROMANIAN ITINERARY
Camelia MORĂREANU DRAGNEAJuly 2024Confronting criminal phenomena that go beyond the borders of their own territories, states have realized that only their own tools to combat them are insufficient, requiring a joint effort. In the effort to combat the phenomenon of crime, it was realized that the best results against crime can only be obtained through an extensive and complex cooperative activity. In this material, we will highlight the historical course of international judicial cooperation in criminal matters on the European continent, but also in the Romanian national framework. -
THE FUNCTIONS OF THE INSURANCE OPERATION
Insurance, through its valences, of an economic, technical and legal nature, also fulfills socio-economic functions to which is added the protection of people and goods against various risks. These materialize in the following functions: compensation of damages caused to the insured, prevention of damages, of a financial nature, as a result of the establishment of the insurance fund, of distribution in the process of distributing the annual profit, of control, of saving, of supporting the state. -
ARTIFICIAL INTELLIGENCE (AI) - “ALLY” IN THE SUCCESS OF INSOLVENCY AND RESTRUCTURING PRACTICES
The central objective of our research is to analyze and evaluate the digital transformation in the insolvency area, by identifying transformative methods and technologies that allow the robotic automation of processes, simplifying the work of insolvency practitioners, the acceleration of repetitive tasks, the creation of platforms for virtual tours of the insolvent debtor's assets by creditors and more, all of which create opportunities for legislative reform and ensuring the success of global and local insolvency practices, helping to shape and strengthen a "rescue culture", in accordance with ethical guidelines in business. What we propose is to outline answers to questions such as: Can AI become an “ally” of the debtor for the successful implementation of a judicial reorganization plan or for making a correct decision, in the sense of reorganization or liquidation of their business, anticipating economic changes and potential profit results? Is AI able to provide tailored specialist assistance to a debtor in financial difficulty, so that it adopts the optimal solutions for the recovery of the business in a timely manner? Can AI become a real support in the work of insolvency practitioners? Can AI provide the necessary support in the (r)evolution and success of insolvency practices, with an impact on the effervescence of restructuring and reorganization cases? -
BUSINESS ETHICS FROM THE PERSPECTIVE OF CORPORATE SOCIAL RESPONSABILITY
Fábio da SILVA VEIGA; Anna Flávia AZEVEDOJuly 2024This work intends to provide a brief exposition of some concepts frequently used in Business Law nowadays, and subsequently to analyze the relevance of these themes, how they can be employed as a smokescreen to conceal the true interests of business management. In addition, it seeks to discuss ISO 26000, the 2030 Agenda and the correlation of these commitments with business management practices and the commitment to social responsibility. Finally, yet importantly, it presents the challenge of data analysis since the interest in profit is achieved by companies even when it is not openly defended that this is the organization's priority. Furthermore, the power that information on social networks and social judgment on corporate actions have is a relevant point in terms of strategy and corporate culture. Keywords: Corporate social responsibility, business ethics, corporate conduct duty. -
ARTIFICIAL INTELIGENCE AND BIOLAW IN THE “FUTURE” SURGICAL INTERVENTIONS PERFORMED BY ROBOTS WITH A.I VERSUS TELEMEDICINE
João PROENÇA XAVIER; Giovana CRUZJuly 2024This paper analyses how human rights serve as a basis so that the complex phenomenon of immigration, which has been affecting our societies for some time now, can unfold its full potential, in accordance with the higher values on which they are based. In this sense, he highlights the figure of the free development of the personality as an operative means of the new phenomenon of immigration and its repercussions as a limit to individual autonomy. In a study of this type, the analysis of the figure of legal paternalism as opposed to the free development of the personality must be reinforced, with special incidence in matters of foreigners, more specifically, in the figure of the immigrant, which leads us to focus the study of this figure on the phenomenon of immigration for various reasons. Of course, the social and political uproar that this issue is causing is not surprising. Apart from being an issue that affects various aspects, immigration must be analysed in all the facets in which it has repercussions, such as not only the limitation it implies for the free development of the personality of an individual who decides to move to a place other than that of his nationality as a way to freely develop his personality, but also as a social, legal, economic and cultural fact, which gives rise to population problems of discrimination, integration and xenophobia, and many other aspects that have repercussions on essential aspects of the human being. -
COMPLAINT FOR LENGTHINESS OF PROCEEDINGS IN THE LIGHT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND POLISH LEGAL SOLUTIONS
Igor ZGOLINSKIJuly 2024The institution of a complaint for violation of a party's right to a hearing within a reasonable time has two clearly distinguishable legal dimensions. The first is the European dimension, which became in Poland the cause of the introduction into the legal order of the relevant legal solutions related to the excessively long and harmful to the parties conduct of proceedings before the judicial authorities. As a consequence, the second legal dimension - domestic - was created. Originally, it concerned only the determination of protractedness in a given judicial proceeding. With the passage of years, the strong influence of ECHR case law has resulted in the evolution of domestic normative construction and their extension to pre-trial proceedings, conducted by law enforcement agencies, and to enforcement proceedings, conducted by bailiffs. This interesting coincidence is the main content of the article, which discusses in detail the most important threads of the title issue and reveals the main practical aspects related to the application of legal norms dedicated to persons against whom the judicial authorities act too dilatorily. -
HORIZONTAL EFFICACY OF FUNDAMENTAL RIGHTS IN BRAZIL
As we know, fundamental rights are the result of a long process of historical maturation, which involves struggle, achievements and sometimes even setbacks. The meaning of the expression “horizontal effectiveness” points to the effectiveness of fundamental rights in the course of private relationships, that is, to those relationships in which the State does not act directly. -
THE RULE OF LAW AS THE BASIS OF CONSTITUTIONALISM
The rule of law is the central principle of every human-centered, i.e. liberaldemocratic constitution. The state community is bound to the law in its hierarchical structure; the primacy of the constitution is essential to today's constitutionalism and extends the earlier restriction of the rule of law to legality, i.e. to the primacy of the simple law over the executive. The normative existence of this principle is independent of whether it is a written or unwritten part of the constitutional order. The example of Great Britain, with parliamentary sovereignty as the supreme constitutional principle, shows how difficult it is to safeguard the rule of law against unrestricted access by the legislature. From a comparative legal perspective, a constitutional model of the rule of law has emerged. -
THEORETICAL AND APPLICATIVE ISSUES REGARDING CHANGES IN THE LEGAL CLASSIFICATION
Patric Daniel GHEBARUDecember 2025The legal classification against which the criminal prosecution in rem or in personam is stage, regardless of the procedural phase, constitute genuine problems of application of criminal procedural law with major implications on the legal situation of the accused person. Therefore, considering that it is not exaggerated to dedicate a praxiological analysis to the change of the legal classification of the act, the present study aims to address in detail certain legal issues arising in judicial practice regarding the applicability of this institution. carried out (with suspect and defendant in the case) and the subsequent notification to the court by issuing the indictment, in relation to which the object and limits of the trial are established, as well as the possibility of changing the legal classification during the trial In the specialized literature, it is argued that the legal classification involves establishing the legal text that provides for the offense in the standard version or, if applicable, in an aggravated or qualified version or in a less serious version compared to the standard version. If the act constitutes an attempt, the legal classification involves establishing both the legal text that provides for the offense and the applicable punishment, as well as the text that provides for the punishment of the attempt of that offense. In the case of participation, the legal classification involves, in addition to establishing the incriminating text of the act, also determining the contribution of each participant to the commission of the offense, as well as establishing the legal text that provides for and sanctions that contribution. Finally, in the case of a plurality of offenses or enforcement acts, the legal classification involves additionally establishing whether this plurality constitutes a contest of offenses, a recidivism or a continued offense. The legal classification also involves establishing the legal provisions that also affect the outcome of the criminal trial. The finding that another legal text provides for and sanctions the act for which the court was notified, therefore establishing a different legal basis for criminal liability than that shown by the notification act (indictment) -
DIGITAL CRIME. ANALYSIS OF THE PHENOMENON AND ITS IMPACT
Cătălin Ionuț BUCURDecember 2025This article provides an in-depth analysis of digital crime, a complex and constantly evolving phenomenon that is redefining the global criminal landscape. It explores its origins and historical development, detailing the types and methods of attack, with a particular focus on social engineering as the predominant vector. -
EXPRESS VOLUNTARY ACCEPTANCE OF INHERITANCE THROUGH A DOCUMENT UNDER PRIVATE SIGNATURE: A THEORETICAL AND CASE LAW ANALYSIS
Viorica POPESCUDecember 2025In Romanian inheritance law, the acceptance of an inheritance constitutes an essential act with multiple legal implications, such as the consolidation of the heir’s title, the transfer of the estate, which is finalised through the acceptance of the inheritance, and the liability of the heirs for the debts and encumbrances of the estate only with the assets forming part of the estate (intra vires hereditatis), in proportion to each one’s share. The Civil Code regulates two main forms of acceptance of an inheritance: express and tacit, express acceptance itself being possible either by authentic instrument or by a document under private signature. However, the choice of this latter form raises a series of questions regarding its efficiency, legal certainty and, not least, its practical consequences. The present study aims to analyse this form of acceptance of a succession not only from a theoretical, but also from a practical perspective, identifying its advantages and disadvantages and highlighting the impact of this option on heirs and third parties. -
THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT RULING ON THE EXCEPTION OF UNCONSTITUTIONALITY
Florina MITROFANDecember 2025Starting from the role of the Constitutional Court as guarantor of the supremacy of the Constitution, this study analyzes the effects of decisions issued by the Constitutional Court in the exercise of subsequent constitutionality control, identifying both general and specific procedural aspects retained in its vast jurisprudence on the matter. -
THE IMPACT OF ARTIFICIAL INTELLIGENCE ON FUNDAMENTAL HUMAN RIGHTS
The accelerated development of artificial intelligence (AI) poses significant challenges to the protection of fundamental human rights, enshrined in key documents such as the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights and the Universal Declaration of Human Rights. While AI technologies can improve administrative efficiency and access to justice, their uncontrolled or non-transparent use can pose major risks to rights such as privacy, equality, freedom of expression or the right to a fair trial. Moreover, facial recognition and intelligent surveillance systems can lead to an erosion of privacy and excessive monitoring of citizens, with the potential for abuse by authorities. At the same time, the use of AI in justice or in the automated selection of beneficiaries of public services can affect the right to a fair trial and equal access to resources, in the absence of clear human control and an effective challenge mechanism. From a legal perspective, a clear and predictable regulation of AI is necessary, which respects the principles of the rule of law, includes democratic control mechanisms and ensures the accountability of the actors involved (developers, authorities, users). In this regard, the AI Act proposed by the European Commission in 2021 represents an important step, attempting to introduce a risk-based approach and prohibit systems that clearly violate fundamental rights. In conclusion, for technological development to remain compatible with democratic values, it is essential that AI is developed, implemented and overseen within a solid legal framework, centered on the respect and promotion of human rights. -
THE MECHANIC PUBLIC SERVANT AND THE POWER OF ARTIFICIAL INTELLIGENCE
Marius VACARELUDecember 2025It is a truism today to state the idea that "the world is facing profound changes never seen before." Not at all false, the idea allows for deep thinking but also the repetition of stereotypes or banalities, which does not help anyone concerned with making plans for the future. In this formulation of ideas and thoughts, there are some areas that many people look at with fear, like public administration, justice, public budgets etc. On one hand, we have the fear of all civil (public) servants, who do not know how much of their activities will survive the new political-technological and socio-demographic changes, and on the other hand, we have those subject to public administration, who from the dawn of the new era seek a perfection of the idea of good governance to the highest possible level. All these issues today are both in competition and in a certain form of ideological collaboration, and the text I propose tries to fix some of the lines of this new reality of public administration and what it will in turn determine in society, in an integrative visions. -
WATER ETHICS: COMMODITY OR FUNDAMENTAL RIGHT?
Ciprian UNGUREANU; Andreea BURUIANĂDecember 2025Water is the essence of life and lies at the center of a current ethical and political debate: should it be treated as a market commodity or as a fundamental right for all living beings? In recent decades, economic pressures and corporate interests have led to the commercialization of water, with private companies controlling distribution and setting prices, which can limit access for vulnerable populations. Proponents of water markets argue that market mechanisms increase efficiency and fund infrastructure development. Critics, however, contend that life should not be sold and that treating water as a commodity exacerbates inequalities. Internationally, water is recognized as a fundamental human right: in 2010,the United Nations General Assembly declared that access to safe drinking water and adequate sanitation is a human right. This recognition extends beyond human needs to include the protection of ecosystems and future generations. The ethical debate raises fundamental questions about equity, justice, and responsibility: is it morally acceptable to profit from a resource essential to life? In conclusion, while market mechanisms may provide efficiency, the moral weight of water as a life-sustaining resource supports its recognition as a fundamental right. Universal access to clean water and the protection of ecosystems are imperatives for ethical governance and global sustainability.
ISSN (online) 2286 – 3702
ISSN–L 1454 – 3907
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