BRAND, Volume 5, Issue 1, 2014

Table of Contents

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Articles

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Authors:
Radu Ursanu
Abstract:

The right to consumption, which is imposed as a new law branch, corresponds to the increased need for juridical security felt by the modern world. Its imposition is also due to the "thirst" for goods manifested by the contemporary human individual, for whose protection are imposed new juridical regulations at national and community level.

Keyword: consumer, rules, community.

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Authors:
Ion Țuțuianu
Abstract:

Abstract

Even if freedom of expression is one of the most disputed topics in the last few years, it's also true that a democratic society cannot be conceived without respecting this fundamental right. Its regulation was in hands of the doctrine but also of the legal practice and the recent international bodies have given sustained attention through the European Convention on Human Rights:  the Treaty of Establishment of a Constitution for Europe; the Constitutions of the democratic countries and of Romania, the special laws: the Civil Code, the Criminal Code or the Press Law No. 9/1996 but also the article 30 of the Constitution. Freedom of speech does not include the excess of journalists too, that is why there are also limits   in the disclosures made under this right that has to provide legitimate interest, the pronouncement of a court, the right of a sanctioned journalist to appeal to a higher court.  

Key words:   law, freedom, Europe, expression

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Authors:
Vasile Sorin Curpan
Abstract:

Although the institution of liability was consecrated centuries ago, the principal's liability for the acts of the agent has been one of the concerns of legislators in every epoch.

Even though the disputes in the juridical doctrine and practice continue, it ought to be appreciated that the New Civil Code has tried to regulate as clearly and concisely as possible the characteristic notions and relations of this type of liability which has its origin in article 1373 of the Civil Code. Being the type of liability with the highest applicability in court, the principal's liability is one of the three cases of indirect tort, answering for their agents' acts.      

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Authors:
Maria Stegariu
Abstract:

The interest in this topic is determined, on one hand, by the way of interpreting the provisions which regulate the contractual liability in general and of those regarding the penalty clause in particular, and, on the other hand, by the formulation of certain proposals de lege ferenda. By stipulating the penalty clause, the law seeks to execute the contractual obligations, and not to collect penalties. The legal base of the ancillary character of the penalty clause is article 1538, paragraph 3 of the Civil Code.