The Romanian Civil Code provides that part of the deceased’s estate shall be granted, even against his wish – manifested through donations or wills –, to a category of heirs called forced heirs (for the legal regime of forced heirship, see Articles 1.086 – 1.099 of the Romanian Civil Code, 2009). However, since this is effectively a limitation of a person’s possibility to freely dispose of his property and, as such, a limitation of the right to property, a question arises: is this limitation compatible with the right to respect for private property enshrined in Article 1 of Protocol no. 1 of the European Convention on Human Rights (hereinafter referred to as ECHR)?
Despite being a common law creation, ‘drag along’ and ‘tag along’ clauses have gradually come into practice in Romania. Due to the recent years’ strong economic progress and the growth of some economic sectors (e.g. the IT market) institutional investors, such as venture capital investors, private equity investors, even business angels (individual investors who provide capital for businesses) have appeared. For them an exit from their investment is particularly important. There are many ways to withdraw from an investment, but this article will focus on the drag along and tag along clauses. These clauses are considered universally valid, regardless of jurisdiction and I will try to determine how they fit into the Romanian legal system.
“It is hard to fight an enemy who has outposts in your head.”
The way society reacts to and treats mentally ill individuals who commit criminal acts has been an example of the coexistence of two vastly differing approaches throughout human history. On the one side, we often find spurn, repugnance, even disgust. The most significant problem, however, is the general – multiple – stigmatisation that is related to insanity and criminal behaviour going hand in hand. On the other side, we can observe the shaping of another attitude to treat mental illness more like actual sickness than criminality. (Dósa, 1995, p. 327.)
In the field of contracts, the Romanian private law system underlines the presence of the principle of good faith in each phase of a contract, starting with the negotiation and ending with the performance of the obligations. Moreover, the Civil Code and doctrine also talk about good faith in the context of termination of the contract, when the parties have to choose between legal remedies. When it comes to breaking this public order obligation doctrine brings into question the existence of abuse of right.
The European Union (hereinafter: the EU) maintains and develops an area of freedom, security and justice. According to Article 82 of the Treaty on Functioning of the European Union, judicial cooperation in criminal matters is to be based on the principle of mutual recognition of judgments and judicial decisions. Among EU countries, Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union and Council Framework Decision 2008/978/JHA of 18 December 2008 on the European evidence warrant for the purpose of obtaining objects, documents, and data for use in proceedings in criminal matters and multilateral or bilateral treaties have so far been adopted.
Recently, one of the most debated topics in the European Union space is the incidence of abusive clauses in conventions ended between financial institutions and regular consumers, as an expression of business-to-consumer commercial practice. From a scientific point of view, this subject is a ramification of fields of law such as consumer law, banking law, obligations, and European law. From a social perspective, more concretely, the unfair terms are seen as a disastrous impediment that blocks the possibility assumed by one party in performing the initial obligations included in a contract.
Introduction on the procedural challenges in the enforcement of European competition law
The effectiveness of Articles 101 and 102 of the Treaty on the Functioning of the European Union relies upon the public enforcement of these provisions by the European Commission. It also depends on enforcement by national competition authorities and on private enforcement, but these aspects are beyond the scope of this paper.
1. Introductory Notes
What does life and the quality of life mean in terms of the criminal justice system? To what extent are we entitled to limit one’s freedom and what means are we obliged to use for that purpose? How is it possible to find balance between the individual-based considerations of equity and humanity and the protection of the public?
The pharmaceutical industry has deeply contributed to human welfare. Indeed, new drug enforcement has played a vital role in increasing longevity and enhancing the quality of life. For this reason, issues of justice are particularly sharp, especially concerning the accessibility of drugs to the people who desperately need them.
The question that is raised is whether the drug market should be completely free or be subject to state intervention and if the answer to the question is the second option, it is then necessary to analyse which is the most efficient and right way to intervene. This article focuses on the role of intellectual property rights and patents in the development and accessibility of new pharmaceuticals.
The Korean Peninsula has been a tension hotspot for decades, with Kim Jong-un’s regime being the most dangerous and unpredictable force in the region. But ever since North Korea started developing its nuclear programme during the Cold War, its unpredictability has only risen, with a peak in 2017. The aim of this article is to provide a concise but comprehensive summary of the development of North Korea’s nuclear programme and a status-quo analysis of the 2017-2018 missile crisis from different viewpoints.
Whilst the majority of people know the date when they were born, neither of them can point out exactly the time when they will pass away, even if there is a certainty that it will happen. It is for the coroners to shed light upon this matter when death occurs (Article 2 of Law no. 104/2003, Article 185, Paragraph 8 of Law no. 135/2010), and that is by excluding the possible signs of life and recognizing the first stages of death through examination of the corpse. Although the curiosity of the deceased will not be satisfied, the results remain of great interest in several fields, such as criminal and civil law.
What we are witnessing today is digitalization replacing large archives of law cases and libraries; start-ups becoming new law offices; software making internet new place for dispute resolution; smart contracts guaranteeing deal enforcement and Artificial Intelligence seems to be what we needed for data analysis.
First steps toward these changes have been made through digital and online databases. It made research much easier for everyone in legal practice. Lawyers can access databases to find regulations, precedents or verdicts based on keywords related to a case they are building.