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Category: Dispute Resolution

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Articles, Dispute Resolution, White collar crime

The Law amending the criminal record was modified

The law was amended for the need to facilitate the access of Romanian citizens abroad to effective and efficient public services from the Romanian state in the context of computerization of the consular procedures performed by diplomatic missions and consular offices of Romania abroad. According to the Ordinance, Law no. 290/2004 was amended and supplemented […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

ICCJ decision on whether to grant compensation for loss of earnings

“In order to establish the monetary equivalent of the damage apply the principles established by art. 1084 – 1086 C. civ. of 1864, meaning that the damage should include actual losses and lost profit, the repair of only the damage foreseeable when the contract was closed, respectively the direct damage, in causal connection with the […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

Constitutional Court’s decision on the cessation of entirety by judicial partition

The object of the exception of unconstitutionality is the provisions of art. 990 paragraph (1) of the Code of Civil Procedure. The Court observes that, after addressing the Court, the Code of Civil Procedure was republished in the Official Gazette of Romania, Part I, no. 247 of 10 April 2015 and after the renumbering of […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

Exception of unconstitutionality. The obligation to ensure legal assistance during the trial

In justifying the exception of unconstitutionality it is shown that the criticized text discriminates against individuals whose prosecution started under the old Code of Criminal Procedure, or have signed a plea bargain, that can invoke the lack of mandatory legal assistance at any time of criminal trial and individuals prosecuted according to the current Code […]

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By : Jun 13, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

CJUE. Right of subscribers terminate the contract without penalty

This request for a preliminary ruling has been made in proceedings between the Verein fÃ¼r Konsumenteninformation (Consumer Information Association, ˜the Association) and A1 Telekom Austria AG (˜A1 Telekom Austria) concerning the latters use of allegedly unlawful terms in consumer contracts. By its question, the referring court asks, in essence, whether Article 20(2) of Directive 2002/22 must […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

Decision No. 17 / 05.10.2015 of the ICCJ, on the amounts due for defendants convicted of tax evasion

The Decision is to be published in the Official Gazette, at which point the judgment will become binding to all courts, eliminating, in this way, the uneven practice encountered so far. Fiscal Procedure Code defines tax claims as “property rights which, under the law, result from relations of material fiscal law”. In the amount of […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

The providers of telephony, Internet and television are obliged to publish the information regarding the termination or modification of the Agreement

According to the decision above mentioned, the information that providers are obliged to publish on their website, under this decision, must be written legibly, and the font color used must contrast with the background. Regarding the termination of the Agreement, there shall be indicated including the means by which they may request termination of the […]

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By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

ICCJ. Unjustified refusal to process an application

The High Court finds that in this case, the arguments of the court are devoid of legal basis, in terms of its statement that no justification of the ministry was brought, regarding that the order setting the election date was not issued, as long as throughout the trial were brought evidence regarding the fact that […]

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By : Jun 13, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

The procedure for applying for compensation from Astra Insurance Reinsurance Company

In this situation, the creditors of the insurance policies (insured person, the insurance beneficiary or injured person) may apply for direct payments from the Guarantee Fund of Policyholders (GFP), which aims to protect the insurance creditors from the consequences of insolvency of an insurer entered into bankruptcy. The main destination of the amounts, available to […]

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By : Jun 11, 2017 No Comment

laptop lawyer property law

Articles, Dispute Resolution

The decision of the High Court of Cassation and Justice on the insurer’s refusal to pay the indemnity

The High Court of Cassation and Justice, looking at the allegations of the case found that: in relation to art. 1270 Civil Code, according to which valid closed contract has the force of law between the contracting parties, as such, judges are obliged to apply them as they were designed and drafted by the participants […]

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By : Jun 11, 2017 No Comment