Regulation of the Smart Contract in (Romanian) Civil Law

The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.

Wooden Language - a Contemporary Tool in Political and Advertising Communication

Appeared with the totalitarian ideology, the wooden language remains a linguistic phenomenon frequently used in contemporary discourse. Used in contemporary thought circles, by advertisers, by communication agencies, by the media, by politicians, by polling institutes, etc., the wooden language pejoratively qualifies the discourse that contains it, provided that its specific structures be decrypted, as well as the intention of the issuer who wants to give the impression of authenticity, credibility and transparency. The issue of the use of wooden language in discourse presupposes a complex and transdisciplinary decryption process, which goes first through the identification of the means and procedures of realization, then through the identification of the functions that these linguistic structures hold at the level of discourse.

Particularities of Temporary Work. Advantages and Vulnerabilities

Temporary work is an alternative to providing the activity and procuring external, current labor force, more and more common in the countries of the European Union, including Romania. The alternative of such work is beneficial to all parties involved in the triangular employment relationship: the temporary work agent, the temporary employee and the user of the temporary workforce. This article proposes a brief presentation of some theoretical aspects related to temporary work (the importance of temporary work in today's society, the Community and national legislative framework, the actors of the temporary work relationship and the relationship between them, such as listing the conditions and authorization of the employee temporary in Romania) followed by an analysis on the evolution of employment agents registered in Romania in the period 2007-2021.

Tortious Civil Liability in Environmental Law

Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution, which stipulates that , which stipulates that , which stipulates that, the environment is an area that must have a legal protection so that the state maintains a permanent ecological balance. Rehabilitation of the environment is done by applying sanctions to those concerned. So the institution of tort liability is an instrument in the gear of environmental protection.

Dangerous Recreational Activity

Drowning isn’t the only danger in water - some aquatic animals can be deadly. The scuba diver who dies underwater poses a difficult diagnostic dilemma for investigating authorities and pathologists. Barotrauma caused by the failure of a gasfilled body cavity to equalize its internal pressure with changes in the ambient pressure is another cause of death. Investigation should be thorough and follow a standardized outline. This investigation should include the victim’s past medical and social history, dive profile, a detailed history of the terminal event and resuscitation efforts, environmental conditions, examination of the diving equipment and finally the autopsy.

The Natural Movement of The Population in The Context of the Pandemic. Statistics at National Level Regarding Births, Deaths, Marriages and Divorces

The research in this article sheds light on issues related to the evolution of the national situation of the natural movement of the population from January 2019 to May 2021, given the registrations made at the civil registry services in Romania on births, deaths, marriages and divorces, aiming to make a comparison between the period before the pandemic and the period after its onset in our country, in March 2020. We want to see if the number of the four life events mentioned above was really influenced by the pandemic and thus increased or decreased significantly. Also, the study of the natural movement of the population in Romania, under the spectrum of the current health crisis is of major importance, given that the pandemic has visible effects on the acceleration of deaths in people with various comorbidities.

What Is Not Well Started by the Creditor, Can End Nicely For the Debtor in the Enforcement Appeal

Capricious can prove to be the paths of the forced execution procedure especially when, from the premise situation of a creditor who starts a seemingly valid enforcement procedure, it quickly reaches an outcome opposed to the one he wanted, consisting in canceling the enforcement itself. The passage of time must keep alive the creditor's desire to see his right, recognized by the enforceable title, realised, and in some extreme situations, it must even impel him to act. Losing the notion of time, the creditor also loses the certainty that his wish will be fulfilled, and will assume, as a consequence, the risks supposed by such a procedural attitude. Speaking of the element „time” and placing this element on the legal stage, we are actually talking about the statute of limitations of the creditor's right to obtain forced execution. The present study aims to make a brief presentation of some aspects of practical interest regarding this legal institution - sufficiently effervescent, but which has been and still remains an useful tool for vigilant debtors - by reference to court solutions too.

Points of View on the Functioning of Autonomy in the Local Public Administration. The Case of The Radauti Municipality City Hall Institution, Suceava County, Romania

Fundamental to the governance of local public administration, the principle of autonomy recognizes for those who manage the decision-making power in taking measures to solve the problems of the community. This paper has as main objective the analysis of the functioning of the principle of autonomy in the local public administration, with particularization at the level of the institution of the City Hall of Rădăuţi Municipality from Suceava County. By interpreting the perceptions expressed by public officials (including local councilors), civil servants, as well as contract staff working in this structure, the present micro-research highlights that the largest share of human resources surveyed: considers that the legislation in force covers the legal framework necessary for the proper functioning of the autonomy, declares that the limits of intervention and control of the central administration are largely respected, supports the importance of autonomy in the functioning of the City Hall institution. Regarding the right of initiative of staff and the freedom to decide on the execution of orders of the hierarchical superior, the results recorded show that most of the respondents adopted a neutral position. Also, regarding the degree of satisfaction of the questioned human resources in relation to the autonomy held in the position exercised, most of them declare neither satisfied nor dissatisfied with the autonomy they have in the City Hall institution.

Best Interests of the Child – the Legal Determination of the Principle

When referring to children, we must admit that they are not just physical existences whose stages of development participate in determining the concept of legal capacity. Children are natural persons who, until the age of majority, are protected by the law, precisely because of their insufficient psychological maturity. In particular, we are referring to legal protection of the child in civil matters, subject to civil law, but also to legal protection of the child in general, which goes beyond the civil support given to the individual, legally called a natural person, within the general legal framework which safeguards the fundamental social values of the individual, by including a special legal protection regime on the child. Therefore, the child is no longer an identity substitute for the parents, but needs to be treated according to what it is and not what it will become, as he is the holder of his or her own rights, having a legal status in his or her own right, while also interacting with the rights and obligations of others (extended nuclear family or third-party relationships), as well as society as a whole, which has structured the status of the child according to its values. This is the ideology of the rights of the child, as a result of its development, centered on the recognition of the child as holder of related rights of indivisibility, interdependence and interrelation, the respect, protection and enforcement of which are bound by the States signatory to the Convention on the Rights of the Child. This legal instrument is a probable consequence of the equalitarian dynamics of human rights, on the one hand, and, on the other, based on the discovery of psychology by highlighting children's ability to understand and feel.

Human Dignity and Its Premises in the Pandemic Crisis

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.