Articole din categoria: Numărul 3

Să scrii se învaţă scriind!
Every idea, every article is an experience, an exploration; you start without confidence or perhaps not much interest, as in every beginning, and once you realise that you are able to say something relevant, your written product takes shape; there are those moments, maybe minutes, which seem like small cracks or nuances in relation to which you might have a small contribution.
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Note asupra scrisului în condiţii de gherilă juridică
Numărul 3 Anul 2020
The point is to show that a text never says just one thing, as we were taught in our law schools, in the fi rst year, that meaning is something that is constructed, that the very texts we are reading and under whose power we live are and always have been battlefields, that behind them there are long histories of battles and conflicts, briefly, that legal interpretation is produced in a „field of pain and death”.
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Cum scriem?
Numărul 3 Anul 2020
I try (…) with variable success, to write by maintaining a necessary balance, inevitably fragile, between positive law and constitutional history/theory/sociology. Keywords: reflexive interdisciplinarity, branches of...
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Cum scriu un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
Numărul 3 Anul 2020
A study of private law should be written with the conviction, even with the wrong conviction, that it can change the way the legal literature and the case-law see that topic. What I want to underline is that the psycological state of the one who tries to demonstrate an idea counts as much as his or her intellectual capacity or the bibliography that he or she consulted. This state, which I would dare to call „of grace”, could be decisive for or...
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Plata acreditivului documentar prin acceptarea de cambii
Numărul 3 Anul 2019
The particularities implied by the usage of drafts as an honouring instrument inside the documentary credit suggests that the bills of exhange law reports are found inside this mechanism in a simplified form, ment to primarily assure the payment instrument function, and only exceptional the function of a credit instrument. ...
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Excludererea automată a unui operator economic din perspectiva principiilor proporţionalităţii şi transparenţei în Cauza C 309/18, Lavorgna
Numărul 3 Anul 2019
 An economic operator can be automatically excluded from an award procedure for failure to list the labour costs separately without the possibility of supplementing or amending the tendering documentation. This exclusion can be possible even if a particular obligation (to list separately the costs) was not set out explicitly in the tender documents in so far as such obligation is regulated by public procurement law and award documentation ment...
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Realizarea cartografierii prelucrărilor de date cu caracter personal, aspecte practice
Mapping of personal data processing is one of the important technical activities that must be carried out in the case of certain personal data operators. However, the implementation of the General Data Protection Regulation has led to a number of problems, some of which are presented in the present paper.
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Rolul responsabilului cu protecția datelor în respectarea drepturilor persoanei vizate
Numărul 3 Anul 2019
It has been three years since the European Union’s General Data Protection Regulation (GDPR) came into force, one of the most debated and analysed piece of EU legislation. Throughout this period, and especially after its implementation, starting with 25 May 2018, mechanisms have been explored and still are being explored aimed at ensuring that a reasonable balance is struck between the need to respect the rights of European citizens, called dat...
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Dreptul de autor în cinematografie. Studiu de caz
Numărul 3 Anul 2019
It may be said that cinematography is the first new form of art in the industrial age. At the beginning, it was not included among the defined forms with the accepted notion (at that time) of „art”, considering that it did not fulfill many of the „sacred” attributes of art and was outside the romantic vision of the artistic creation, a vision according to which an art work is characterized by authenticity and unrepeatability, being a unique c...
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Asigurările de răspundere civilă în profesiile juridice
Numărul 3 Anul 2019
Pursuing legal professions may bring some risks, including the risk of prejudicing the others and thus triggering civil liability. Malpractice insurance in the legal field has been rapidly developed in recent years and has the role of covering the damage caused during or in connection with the legal acts or facts regarding the juridical professions, committed by authorized and active specialist in these professions.
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