Articolele autorului Sorin Fildan
Link la profilul stiintific al lui Sorin Fildan

The Agency Contract

The agency contract is regulated in art. 2072-2095 of the new Civil Code (NCC), which compose the Chapter X "The Agency Contract" of Title IX "Various special contracts" in Book V "On Obligations". According to art. 1650 par. 1 NCC, the agency is defined as a contract by which "(…) the principal stably empowers the agent either to negotiate, or to both negotiate and conclude contracts, on behalf and at the expense of the principal, in exchange

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Aspecte de teorie şi practicã judiciarã în materia infracţiunii de trafic de persoane

Human trafficking represents nowadays an infraction with negative consequences worldwide and it is affecting not only our country, but the entire society. The constituant content of human trafficking it is revealed by the definition gave by artile 12 par. 1 from Law no. 678/2001. Trafficking in Persons it is defined as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms

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Individualizarea judiciarã a pedepsei în cazul infracţiunii de trafic de persoane

Human trafficking represents a phenomenon that harms constitutional values of mankind, such as dignity, psyhical and physical integrity, freedom and choice. The penalty applied for human traffickers it is sentence from 3 to 12 years, along with some rights interdiction. The deciding organ is put in condition to evaluate whether the analysed conduct complies or not with the legal systems, and eventually which aspects of the conduct might regard which

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The regime of protected areas and the prerogatives of ownership. Hunting easement

The conservation and sustainable use of natural heritage is a major objective of public interest, and a fundamental component of national strategy for sustainable development. Hunting easement implicitly results, not being expressly regulated in any legislation, from the regulations related to the exercise of hunting and hunting fund protection.

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Limitations on the exervise of property rights over land by protection measures of coastal areas

Establishing principles for the definition and delimitation of the coastal area and appropriate measures to ensure its integrity, as well and guaranteeing public use of the protection area in a severe regime, except for situations regarding safety and national defense, are some of the measures taken by legal frameworks that are necessary to protect the coastal area.

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The obligations of commercial professionals
Special Incapacities to Sell and Buy

As an integral part of the civil capacity of use, the capacity to sell and buy pertains, in principle, to all subjects of civil law - natural or artificial persons, and as part of the full civil capacity of exercise, it pertains to all persons who enjoy a full capacity of exercise. The rule of generality for the capacity of use of the right to sell and/or buy is expressed in art. 1652 in the new Civil Code, according to which: "All can buy and sell

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Criminal Liability of Government Members in Romanian Law,

The criminal liability of Government members knows different solutions at constitutional and legal level, but everywhere the Parliament plays a key role. In some constitutional systems (England, USA, Italy, Spain, Belgium, Greece), the indictment of Government members is made by one of the Houses of Parliament or by the Parliament, whether it has a unicameral or bicameral structure. In other constitutional systems (Netherlands, Denmark), the indictment

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Lease contracts in the new civil Code

Lease contracts are regulated by articles 1777-1850 in the new civil Code (which constitute Chapter V "Lease" of Title IX "Various special contracts" of Book V "On obligations"). A lease is a convention by which a person, called a lessor, pledges to secure, for another person, called a lessee, temporary use of an asset in exchange for a price, called a rent. The new civil Code regulates lease contracts in its art. 1777 and following, including several

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Constitutional issues regarding the acquisition of the right to land property by foreign and citizens and stateless persons

This paper seeks to analyze constitutional provisions, as well as stipulations contained in Law 312 /2005 which establish the conditions under which foreign citizens and stateless persons may acquire the right private property of lands in Romania. Up until the date when the Constitution was revised, in 2003, the right to acquire property over lands in Romania was an exclusive right of Romanian citizens, whereas foreign citizens and state persons

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