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Pagina 7 din 49
Scopul și particularităţile procedurale ale instituirii măsurilor preventive cu privire la persoanele juridice
Numărul 3 Anul 2023
The analysis reveals some controversial elements regarding the purpose of the preventive measures applicable to legal persons, as well as the particularities of the procedure in this matter with reference to the conditions, bail, appeal and duration of the measures. Ke...
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Rolul judecătorului în aflarea adevărului în procesul civil și cel penal
Numărul 3 Anul 2023
The role of the judge is currently viewed with a certain degree of skepticism by society in general, especially due to the procrastination of judicial disputes brought to trial, but few litigants are aware of the judge’s work behind the scene.This is precisely the reason why we have chosen to treat in three distinct levels what characterizes the role of a judge in a pending trial, choosing to treat both from a doctrinal and jurisprudenti...
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Opinia disidentă în spaţiul juridic românesc
Numărul 3 Anul 2023
This article depicts a brief analysis of the main aspects of dissenting opinions in the Romanian judicial realms. The research focuses on addressing the dissenting opinion’s definition, the forms under which it can be identified in the national legislation, the causes that generate it, for and against arguments and last but not least, the means for expressing it.
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Xenotransplantul. Implicaţii economice și juridice
Numărul 3 Anul 2023
The impossibility of exhaustively defining the legal framework applicable to future medical research, arising from the unpredictability of the methods and progress of biomedicine, leads to the effort to try post-factum regulation, with all the related disadvantages, the most important being, by far, the appearance of biomedical applications or results of medical research that tests the limits of current law.An example of this is xenotra...
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Contractele inteligente în realitatea contemporană
Numărul 3 Anul 2023
Human existence in the digital era entails adapting to everything that technology represents, and when it comes to contracts, they have experienced a significant evolution, particularly in revolutionizing their process of formation and execution.Smart contracts utilize blockchain technology to ensure the enforcement and fulfillment of contractual conditions, offering significant benefits in terms of transparency, security, and cost effici...
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Inadecvarea instrumentelor politicii de concurenţă în lumea digitală și perspective privind riscurile inteligenţei artificiale
Numărul 3 Anul 2023
Competition policy can provide revealing insights on how market regulation can quickly become obsolete, or otherwise inadequate, when confronted with rapid technological change. This failure to keep up with new business models in the digital realm, demonstrates that even the most sophisticated and adaptive regulatory tools may succumb to the extreme dynamics, in terms of incentives and adoption, that the most revolutionary technologies natural...
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Obţinerea fără drept de monede virtuale sau a altor criptoactive
Numărul 3 Anul 2023
Both blockchain technology and the accelerated adoption of virtual currencies or other cryptoassets generates controversies in the legal field and various problems related to understanding new types of criminal conduct. In this context, the misappropriation of virtual currencies or other crypto-assets has a particular level of complexity. Depending on the modus operandi of the perpetrator, either a traditional offence (theft, fraud, b...
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Provocările criminalităţii digitale pentru dreptul penal. Dreptul penal în combaterea infracţionalităţii în mediul online
Numărul 3 Anul 2023
The substantive criminal law institutions regulated in the general part of the Criminal Code have been developed with the physical, material world in mind, but an increasingly significant part of crime has moved into the digital world, and the development of systems that operate with artificial intelligence has the potential to bring new changes in the matter. The article consists of an analysis of the specifics of some of these criminal law in...
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L’être humain, être social connecté en ligne
Online connectivity is transforming both society and the Law, just as it is transforming the human being and Human Rights. Human beings cannot exist outside society, and conversely, conventional society cannot exist without independent human beings. Online connectivity threatens to erase the boundaries between the individual and society, to dissolve the human being in society and, ultimately, to destroy the society as we know it tod...
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Etica oratoriei judiciare
Numărul 2 Anul 2023
As legal practitioners, lawyers play a critical role in upholding justice and defending the rights of their clients. However, the power of persuasion that comes with the profession can be easily misused if not exercised ethically. Ethical oratory is crucial for lawyers, as it ensures that they do not cross the line between advocating for their clients and manipulating or misleading the court. In this context, ethical oratory refers to the use ...
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Societatea-problemă și obligaţiile-problemă (ale acţionarilor)
As Armour, Hansmann & Kraakman’s classic Anatomy of Corporate Law attests, limited liability is a powerful “owner shield”, in fact, the reverse of “entity shielding” and, together with it, two of the main components of legal personality.The “company shield” protects the company’s assets from the possible claims of the shareholders’ creditors, while the “shareholders’ shield” protects the shareholders’ assets from those of the company’...
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Probleme juridice în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural
Numărul 2 Anul 2023
The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional services, by ...
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Utilizarea instrumentelor de inteligenţă artificială în sistemul de justiţie penală
Numărul 2 Anul 2023
Crime prevention, criminal justice, and law enforcement are areas where artificial intelligence has the potential to complement or even greatly improve traditional techniques. The potential for artificial intelligence for law enforcement, legal professionals, the judiciary and even the criminal justice system to enhance human capabilities is enormous. Many judicial authorities have begun to use artificial intelligence applications to improve ...
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Europeanul conflict de legi – și un litigiu de afaceri
Numărul 2 Anul 2023
A series of cases drew attention to the link between the concept of conflict of laws and the European Union’s Law. The Ingmar GB Ltd. v. Eaton Leonard Technologie Inc. case law is one of them. I took the liberty to start a preliminary research on such link in the light of the message spread by the above-mentioned dispute. This message invites us all to take note of at least one idea – the neo-Savignian idea of exercising the concept of Europea...
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Protecţia drepturilor utilizatorilor finali în încheierea la distanţă a contractului de furnizare a serviciilor de telefonie mobilă (II)
Numărul 2 Anul 2023
Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...
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Pagina 7 din 49