In the process of persuasion reasoning and emotions are particularly emphasized in order to apply some techniques designed to attract the judge’s attention and convince him of the legitimacy of the thesis. However, the judge’s requirement is much simpler and was expressed bluntly by the dictum enshrined in Roman law: „Da mihi factum, dabo tibi jus” („Give me the facts and I will give you the legal solution”). Even though the diligent...

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.

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...

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...

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...

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...

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...

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...

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...

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...