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Artificial intelligence and its development continue to be some hot topics nowadays due to the continuous challenges that they involve. While many are fascinated by AI's accelerated pace of development and embrace the new technologies wholeheartedly, others seem to be more resistant and reluctant and tend to concentrate mainly on its disadvantages. This article deals with the challenges faced by the European workforce field in the context of the increasing developments of AI. [ABSTRACT FROM AUTHOR]

The article presents, from the perspective of the jurisprudence, namely the European Court of Human Rights case law, the particularities of the freedom of expression, one of the essential freedoms within a democratic society and its limitations imposed by the duties and responsibilities its exercise carries with it. While implementing the best mechanisms to protect this fundamental right, any democratic society should also focus on finding the right balance between protecting both the freedom of expression and the personality rights, among which we can mention the right to one's image or the right to privacy. [ABSTRACT FROM AUTHOR]

The articles deals with the concept of "habitual residence" in the light of both national and E.U. legislation, according to the provisions of the Romanian Civil Code, as well as the Hague Convention on the Civil Aspects of International Child Abduction; The Regulation (EC) No. 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility and The Regulation (EU) No 650/2012 of the European Parliament of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. [ABSTRACT FROM AUTHOR]

The Romanian Civil code expressly enshrined in article 80 the respect for the deceased's will. Thus, any person can determine the way of their own funeral. However, the will of the deceased person is not imposed on the heirs in absolute terms. The current legal framework on cemeteries, human crematoriums and funeral services imposes some limitations on the organization of funerals. Also, canon law can influence the fulfilment of the deceased's will. As such, this article will highlight some of the legal impediments faced by the family of the deceased that may arise when planning the funeral according to the wishes of the dearly departed. [ABSTRACT FROM AUTHOR]

Through this study, we aim to highlight the novelty that the Civil Code has brought about the regulations on the legal regime of nullity. At the same time, we aim to point out the controversial and/or critical conceptual aspects of the issue and to formulate de lege ferenda proposals on the improvement of the legal regime of nullity. [ABSTRACT FROM AUTHOR]

The present study aims to analyze the autonomy of will regarding the civil legal act, by reference to the limitations that the legal norms, public order or good morals set both in terms of substance and formally. The legal will, a complex psychological phenomenon which is the basis of the conclusion of any legal act, is governed by two basic principles, namely the principle of real will and the principle of freedom or autonomy of will. The principle of real will, enshrined in Romanian law, gives valency to the internal/psychological element to which the party is animated at the conclusion of the civil legal act. As for the principle of autonomy of will, it finds its legal consecration in Article 1169 of the Civil Code, establishing the parties' freedom to conclude any contracts and to establish their content. However, this freedom must not be viewed in absolute terms, knowing a series of limitations of substance and form, which we have pointed out in this article. [ABSTRACT FROM AUTHOR]

This paper proposes an approach of the evolution in time of the Paulian action, from the origins to the current regulation. Underlining the historical reference points of this action contributes to a better understanding of the current form of legal regulation, which knows changes of substance as compared to the one we find in the Roman law. [ABSTRACT FROM AUTHOR]

The current paper aims to analyze the evolution of Dacia province after its Roman conquest, with emphasis on the complex process of Romanization, opposed and resisted by the Dacians. We will point out elements regarding the legal regime of its inhabitants, the Roman citizens, the Latins, the peregrines and also the slaves, as well as elements regarding the evolution of law in Dacia under the Roman conquest with emphasis on the legal regime of the people. [ABSTRACT FROM AUTHOR]

The present paper aims to analyze a phenomenon with profound implications in the current world context, marked by a number of disturbances, which constitute a permanent threat to states security, namely the terrorism. Finding the most effective means of preventing and combating this extremely dangerous phenomenon is one of the great challenges of the modern world, given that the forms of teriorism are increasingly diverse and ever diversified. [ABSTRACT FROM AUTHOR]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The current paper aims to analyze the judicial regulations known under the generic name of „Law of the land” which is specific to the time when the Romanian states were formed and became countries. The ancient origin of many regulations was determined by the factor which was the stability element in a society, the village community, which helped this system assume the legal custom and adapt it to the new factor which configured law, but in an unwritten, oral manner. The appearance of written legal regulations, the codes of law of the 17th century, made a clear distinction between written law and unwritten law, which will be called a „custom”. [ABSTRACT FROM AUTHOR]

The present paper contains an analysis of the institution of guardianship, one of great importance in the context of the legal ways of protecting the minor's interest both form the personal and patrimonial point of view. In comparison with the parental authority, which represents the general rule of protecting the minor's interest, guardianship is seen as a measure of exception. There are certain situations when the parental authority cannot be exercised due to objective situations like: parents being deceased, unknown; terminated parental rights; placed under legal interdiction; missing; declared dead by way of court of law. In order to replace the parental authority in such hypothesis, the legislator created the institution of guardianship, one of great importance in this context. [ABSTRACT FROM AUTHOR]

Respect for human beings equally involves the physical, as well as the psychic or moral component, thus constituting an extremely sensitive issue regulated nationally, at European level and internationally. The Romanian Civil Code includes a distinct chapter dedicated to respect for human beings and their inherent rights, which regulates the right to life, health and integrity of natural persons, the respect for private life and dignity of persons, as well as the respect for persons after their death. An essential element of the rights of individuals is the freedom of religion, dually conceived in accordance with provisions of Article 9 of the European Convention on Human Rights, namely "the freedom [of the individual] to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance". [ABSTRACT FROM AUTHOR]

The paper proposes an analysis of the mediation procedure, one of the oldest forms that humanity has found to solve various forms of conflicts, procedure which, in our legislation has a relatively recent existence, being governed by Law no. 192/2006 on mediation and the mediator profession. We can not omit in this context, neither the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, which brings further clarifications on the matter. The concept of mediation and its meanings, the origins of mediation, the mediator and his role - is, in general, the structure followed by this article [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article aims at analyzing specific incompatibilities and prohibitions of the legal profession, in light of domestic regulations in force (mainly the Law no. 51/1995 on the organization and exercising the profession of lawyer, modified and amended and the Status of the legal profession), and in terms of the influence that such a decision finding incompatibility may have in terms of ECHR jurisprudence. ECHR practice is consistent in considering that professional activity cannot be considered independent in relation with private life, actually being an essential component of the latter, so that restrictions or limitations to the professional life were qualified by the European Court of Human Rights as violations of art. 8 of the Convention, which has held that "everyone has the right to respect for his private and family life, his home and his correspondence. [ABSTRACT FROM AUTHOR]

The present article deals with one of the most actual contemporary issues, namely the protection of human fundamental right to a healthy environment, since the degradation of the surrounding environment is one of the greatest threats of mankind nowadays. I focused mostly on the legal liability in this field of environmental law, from the criminal, contravention and civil perspective, as the legal liability has become, under the impact of the technical and scientific revolution, an extremely stringent matter. This is a consequence of the worldwide ecological situation which is severely affected by the consequences of industrialization and automation, excessive pollution, unreasonable exploitation of natural resources, forests, as well as other factors. [ABSTRACT FROM AUTHOR]

Copyright of Revista Română de Drept al Afacerilor is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper presents an overview of the institution of plea bargain agreement, its appearance in our legislation being a guarantee of the right to a fair trial. Thus an answer is provided to the need for reconciling the material provisions of the Romanian criminal procedure law with the case law of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The current article wishes to analyze one of man's fundamental rights, that of the respect owed to one's private life; this right is regulated by both the European Convention on Human Rights, as well as in the Romanian Constitution and the Civil Code. The latter is a distinct regulation. Once the New Civil Code was passed, Title II of the First Book offers an entire chapter dedicated to the respect owed to the human being and its inherent rights, a chapter in which the right to a private life is as important as the right to life, health, integrity, the right to dignity as well as the respect owed to a person after its death. The present article involves a three sided analysis, regarding constitutional law, civil law and criminal law, as we can't leave out the criminal aspects generated by the disrespecting of this right. Thus, the lawmaker found appropriate to incriminate crimes as trespassing, violation of professional secrets, violation of private life, disclosure of professional secret. [ABSTRACT FROM AUTHOR]

Establishing the legal time of conception is important both for establishing the paternity of a child inside marriage and outside of marriage and for the child rights to be recognised from the moment of his conception, as a component of his early capacity of use. This is the reason why the legislator's intervention is essential in securing the legal time of conception. It is admitted that, by scientific evidence, the presumption of paternity, which has a relative character, can be inverted, meaning to prove the child's conception within a certain period of the time stipulated by the legal text, or even outside this interval. [ABSTRACT FROM AUTHOR]

This article aims to discuss the issue of the attorney at law's social security rights, according to the legislation in this particular domain, namely the Statute of the Insurance Institution for Attorneys at Law. The paper is divided into seven sections, covering: the main regulations regarding the social security and retirement rights of the attorney at law; general information; the allowance for temporary work inability; the maternity allowance; the allowance for raising a child; death aid and the means of payment for social security allowance. [ABSTRACT FROM AUTHOR]

The present article deals with the institution of judicial interdiction having in view the perspective of the New Civil Code, which is considered a protection measure ruled regarding the people without enough discernment as to mind their own interests because of alienation or mental debility, measure which can also be taken in relation to the minors with a restricted capacity of decision. In the beginning of the paper, I have analyzed this institution with reference to the notion and the conditions whose fulfillment is required by the legislator with a view to take the measure of placing under judicial interdiction. Subsequently, I dealt with the effects of placing under judicial interdiction, respectively the person's deprivation of capacity of decision, as well as appointing a guardian. The last question dealt with is the one of lifting the judicial interdiction, the law court being entitled to pronounce on this matter. [ABSTRACT FROM AUTHOR]

This article aims to treat a very current issue, which is the respect for the human being and its inherent rights, in light of the recent legislation, namely the New Civil Code. The first part of the paper deals with the rights to life, health and dignity of the individual. The paper also describes the respect of private life and person's dignity, motivated by the fact that a separate section of the New Civil Code deals with the guarantee of the individual rights of privacy and dignity, namely the right to free speech, privacy, right to dignity and the right to self image. [ABSTRACT FROM AUTHOR]