Review of Law and Social Studies
Volume 2, Issue 1, July 2025
Table of Contents
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- PhD. candidate Stefan-Antonio SANDU
Informed Consent for Treatment, as an Instrument for Protecting the Right to DignityAbstract:Informed consent appears in bioethics and medical law doctrine both as a process of informing the patient and making a decision regarding the therapeutic approach or the research they will be part of, and as an administrative tool - form or set of forms - with the value of a unilateral legal act to justify the patient's agreement and exculpate the doctor for potential harm. Study objectives: Identifying discrepancies regarding the procedures for obtaining informed consent in Romania, compared to international practice in the field. Research methods: The specifics of informed consent for therapy in various Romanian medical institutions were analyzed from the perspective of legal sociology and human rights theory. Results: Consent forms represent more of an administrative act rather than the result of implementing a process of informing the patient and deliberation on their part. Implications: Informed consent is a particular form of consent, by which the subject consents to an intervention upon themselves, which temporarily restricts the exercise of a right considered by the individual to have a higher value.
Keywords: informed consent; patient rights; bioethics; medical law; human dignity.
JEL Classification: K32, K33
- Professor Alexandru BOROI; PhD. student Bogdan-Mihai DUMITRU
Case Law Controversies Regarding Natural Absorption Following the Implementation of Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 in Romanian Criminal Law and the Analysis of the Criteria Proposed by the Doctrine for Retaining This Form of Natural Complexity of the OffenceAbstract:Following the implementation in the Romanian criminal law of Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019, possession for fraudulent use of a non-cash payment instrument appropriated through an offence was criminalized for the first time in Romanian criminal legislation under art. 2501 of the Criminal Code.This legislative novelty has led to divergent case law opinions on the proper classification of the action of the perpetrator who holds the bank card and uses it after having unlawfully taken possession thereof, and subsequently carrying out cash withdrawal operations without the consent of the cardholder, a withdrawal action that was previously already criminalized under the Romanian criminal law according to art. 250 of the Criminal Code. One opinion was to the effect that there is a concurrence of offences, while on the contrary, it is considered that there is only one offence, the possession, immediately followed by the use, being absorbed by the offence that incriminates the cash withdrawal operation, there being a form of natural complexity by absorption, a form of offence with tradition in the Romanian criminal law system, recognized both by the specialized literature and by the case law. The purpose of the study is to make an opinion on the correct legal classification of such unlawful actions, analysing the legal norms of the Directive in question and their enactment in the national law, presenting the case law, analysing the conditions for considering the legal complexity of the offence to fulfil this goal, why they are not applicable and the natural complexity, the analysis criteria proposed by the recent doctrine to be able to retain the natural complexity of the offence and their application in concreto in such situations as those that produced the case law dispute.
Keywords: natural absorption; natural complexity; Directive (EU) 2019/713; holding for fraudulent use of a non-cash payment instrument.
JEL Classification: K14, K33
- Associate professor Carmen Adriana DOMOCOȘ
Is the Exclusion from the Legal Profession of the Criminally Convicted Lawyer a Criminal, Civil or an Administrative Sanction?Abstract:One of the consequences that the criminal conviction of a lawyer has on the right to exercise the profession of lawyer is that, depending on the nature of the crime committed and the penalty applied, he may be excluded from the profession of lawyer, as a result of the conviction for prison sentence, according to the law. Since it is a case of indignity that derives from the conviction, but which is analysed and ordered by the (non-final) decision of the bar council of which the convicted lawyer is a member, the sanction of exclusion from the legal profession involves assessments not only on the meeting of the legal conditions that attract this sanction with an uncertain legal nature, but also on the application in time of the civil or criminal law that governs it, considering the considerable time interval that (may) elapse from the moment of the commission of the intentional crime that would attract the indignity of the lawyer until the moment of the definitive stay of the decision of the UNBR council that definitively applies the sanction, resolving the appeal filed by the lawyer excluded from the profession against the decision of the bar council. Moreover, the legal nature of this sanction, which derives from the lawyer's criminal conviction to imprisonment, but which is not applied by the criminal court, but by an administrative collegial body, is uncertain, its qualification as a criminal, civil sanction or administrative having different consequences regarding the application of the law over time, all the more so as the institution in question raised issues of unconstitutionality assessed as such by the constitutional court, which identified constitutional two times defects both regarding the conditions for finding indignity the lawyer, as well as on the legal text concerned in its entirety. In this material, we have tried to clarify the legal nature of the sanction of exclusion from the legal profession for indignity and we have identified possible solutions that can be given regarding the applicable law for checking the state of indignity of the lawyer.
Keywords: the indignity of the lawyer, the sanction complementary to the criminal conviction of the lawyer, the appeal against the decision of the bar council, exclusion from the legal profession.
JEL Classification: K14, K23
- Lecturer Cristina COJOCARU
On the Effects of Registration of Documents at the Romanian Trade RegisterAbstract:The Romanian Trade Register is the public institution organised under the Ministry of Justice whose attributions are regulated by law. As regards the registrations of documents to the trade register, its purpose is to ensure the opposability of such documents, and not to confirm the validity of the act based on which the registration in the trade registrar is done. This aspect has been mentioned in the doctrine and it has been stated by a recent decision no. 607/2023 of the High Court of Justice and Cassation. Without claiming an exhaustive analysis of the topic, this article aims to underline the importance of this institution, which has been subject to major changes in recent years, of the registrations in the trade registrar made by the professionals, along with the limitations brought by the formal analysis of the documents subject to registration.
Keywords: Romanian Trade Register, registration, opposability of the registration, legal representative.
JEL Classification: K22
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PhD. student Denise Cătălina MARTALOG
Attribution of Reportable Liberalities to a Forced HeirAbstract:The research aims to examine the methods for assigning a liberality bestowed by the decedent upon a forced heir who inherits alongside other forced heirs. The attribution process considers how to calculate and allocate the liberality provided to the forced heir in such a way as to respect the decedent’s intentions within the legislative constraints. The decedent can grant liberalities exempt from collation, which means that they are definitive and they do not need to be brought into the estate for division according to the rules of legal succession, or through liberalities that are not exempt from collation, representing an advance on the inheritance. When the decedent provides for heirs through such reportable liberalities, the intent is often to grant an immediate benefit to the recipient without disrupting the statutory balance of inheritance shares as established by law. Accordingly, it is essential to identify, at the time of death, the part of the inheritance from which the reportable liberality is attributed and the legal implications which results in such scenarios.
Keywords: reportable liberality, forced heir, attribution, reserved inheritance portion, disposable portion.
JEL Classification: K15
- PhD. student Liviu Alexandru NARLĂ
Particularities Regarding the Inheritance Disqualification of a Legal EntityAbstract:In the context of promoting inheritance disqualification as a general condition of the right to inherit, officially regulated by Articles 958-961 in Chapter II, titled General Conditions of the Right to Inherit, from Title I of Book IV, and the expansion of its application from exclusively legal inheritance to both legal and testamentary inheritance, it becomes necessary to analyze inheritance disqualification in the case of a legal entity. This is because a legal entity can acquire inherited property only by virtue of a will left by the deceased, whereas under prior civil regulation, inheritance disqualification applied solely to legal inheritance, not testamentary inheritance. Beyond the primary motivation behind this analysis, the extensive reorganization of the legislative corpus following Romania's return to representative democracy post-1989, including the adoption of the Civil Code - the significance of this analysis also stems from Romania's shift from a communist economic system characterized by nationalization, centralization, and planning, to a capitalist system characterized by private ownership of production factors and profit-seeking within a competitive market. Therefore, the convergence between the changes introduced by the 2009 Civil Code in inheritance matters and the capitalist system necessitates an examination of inheritance disqualification and its specificities in the case of a legal entity, particularly concerning the mechanism by which a legal entity becomes disqualified concerning the deceased, the individuals within the legal entity responsible for its disqualification, and the disposition of inherited property if the legal entity is dissolved.
Keywords: legacies; indignity; legal person; natural person.
JEL Classification: K15, K39
- PhD. Vlad-Victor OCHEA
Affectus Societatis - the Essence of Partnership in the Past and PresentAbstract:As the title implies, partnership, viewed either as a contract or as a (legal) person distinct from its associates, could not and cannot be conceived in the absence of affectus societatis. Therefore, in the present study we seek to distinguish this concept and establish the relationship between it and the (other) elements of partnership, respectively between it and the effects of partnership. Naturally, the first part of the study will be dedicated to the physiognomy of affectus societatis in Roman law. In the second part we shall examine the affectus societatis in the Phanariot legislations (Pravilniceasca Condică, Code Calimach and Legiuirea Caragea). The third part concerns affectus societatis in the Civil Code of 1864, in the Commercial Code of 1887, in the Civil Code of 2009 and in Law no. 31/1990, and the last part includes some conclusions.
Keywords: affectus societatis, society, Roman law, Romanian law.
JEL Classification: K12, K15
- Lecturer Ioan TOMESCU
Some Considerations About Trade MarksAbstract:The paper deals with the emergence, concept and role of trademarks as signs that can constitute a trademark (words, names, persons, designs, letters, numbers, etc.) and special marks (well-known, well-known, defensive, reserve, position and certification marks). Trademark is defined as an expressive object, the main purpose of the registration of which is to distinguish identical or similar goods and services, as a sign of the origin and affiliation of goods. For the legal protection of a trademark, certain provisions must be fulfilled by complying with the conditions of validity for registration (Law no. 84/1998), thus the representation of a trademark must be clear, precise, intelligible, easily accessible, durable and objective. The acquisition of the exclusive right of exploitation is set out in the trademark registration procedure at OSIM in several stages. An important aspect of this article refers to the counterfeiting of trademarks in commercial activity, where there is a risk of confusion, including the risk of association in the perception of consumers. In this respect, rules have been structured on the basis of which the courts assess the existence of counterfeiting through an analytical evaluation of similar elements. In the last part, they are classified as European Union and international trademarks. From this perspective, the basic conditions and formalities necessary to obtain them are also presented.
Keywords: trademark, legal protection, trademark infringement, trademarks, trademarks, special trademark, international trademark.
JEL Classification: K24
- Lecturer Aurel Octavian PASAT
Beyond Physical Violence: Recognising and Fighting Coercive Control as a Form of AbuseAbstract:Coercive control is a subtle but extremely dangerous form of abuse in couple relationships, characterised by systematic behaviour of intimidation, manipulation and isolation, exercised by the abuser to dominate and control the life of the victim. This form of abuse includes restriction of personal freedom, social isolation, financial abuse and constant monitoring, with serious effects on the physical and mental health of victims. Despite its high prevalence, coercive control is often overlooked in legal systems because it does not necessarily involve overt physical violence. This article explores the definition, mechanisms and consequences of coercive control, highlighting the importance of including this form of abuse in anti-domestic violence legislation. Prevention and intervention strategies are also discussed, including educational measures, legal support and victim protection, to prevent escalation to serious violence and to ensure victims' rights and safety. The study supports the need for an integrated approach that recognizes and sanctions coercive control as a distinct crime, helping to protect human rights and promote gender equality.
Keywords: coercive control, crime, manipulation, social isolation, financial abuse.
JEL Classification: K14, K38
- Associate professor Andrada NOUR
A Study on the Regulation of the Crime of Usury in the View of the Current Criminal CodeAbstract:The dramatic evolution of the Romanian society in the socio-economic field in recent decades has determined a fulminant expansion of the forms of organized crime, including usury, an activity that is part of the sphere of contemporary slavery, using as a method the subjugation of the burdened with the obligation to pay interest rates that reach exorbitant levels. Certainly, in order to discourage such practices, a strong criminal policy is needed first of all, but at the same time, the effective cooperation of the state authorities is also necessary. Although the crime of usury is characterized by a high degree of complexity in terms of the fact that its commission has multiple consequences both economically and financially, as well as psycho-sociologically (especially through the deception of trust), the criminalization formula fails to fully render this complexity. Also, the ways of committing this crime are extremely diversified and, for this reason, the current reality makes it practically inappropriate to attribute the generic name of usury to such extremely serious activities, contrary to the rule of law. Judicial practice has shown that people who engage in such activities are not satisfied only with the interest collected, even if they exceed several times the legal interest. The classic forms of usury find their expression in the present times only extremely rarely, their degree of danger being minor, as a rule, with limited implications in the tax field, in the form of evasion.
Keywords: usury, incrimination, Penal Code, giving money with interest, organized crime.
JEL Classification: K14
- Lecturer Liliana NICULESCU
Termination of the Maintenance ContractAbstract:Objectives: The maintenance contract is a contract with a maintenance clause, which involve alienation of the asset, usually real estate, upon the death of the maintained and former owner. The paper attempts to establish what this maintenance entails and whether it is a typical contract with a clause or has other connotations, starting from the reasons for its termination. Proposals and methodology: To establish possible proposals, it is essential to know who the contractors are and what characteristics they must meet, because usually those who need permanent care are those without defense or who have a series of disabilities who are socially disadvantaged, but who through their behavioral diversity have other abilities or represent a symbol for society. For this reason, we have conducted extensive research and have found a lack of interest in society for this type of person. On the other hand, other contractors tend to obtain the asset more quickly and without too much expense, hence the lack of interest of some in taking the trouble to provide proper care. Results and implications: the maintenance obligation is not only carried out in terms of pure and simple material maintenance, but also in creating the perfect, warm, appropriate and sociable social environment regarding the maintenance of an elderly person in a special social status, which presupposes or more precisely implies a psychological compatibility between them, a compatibility that is not analyzed by anyone.
Keywords: maintenance, contract, clause, compatibility, supervision.
JEL Classification:K12, K15
- Lecturer Ovidiu-Horia MAICAN
The Legal Regime of Competition in SpainAbstract:Two models for the objectives of competition law are typically proposed. The first is considering competition law as being solely concerned with economic efficiency. The second is wiewing the objective of the law to maximise the "public interest". The public interest is defined as including economic efficiency, consumer welfare, a balanced development of the economy andperhaps maintaining employment, technical progress and exports. The main diference is between the law having multiple objectives (broad public interest) or a single objective such as maintaining the efficient operation of markets (or freecompetitive markets). Arguments exist for each model. Experience of many economies says that the culture and legal forms of each individual economy will determine the institutions and institutional structure that work best in each situation.
Keywords: Spain, competition, reform, European Union.
JEL Classification:K33
- PhD. George-Bogdan IONIȚĂ
Specificity of the Effects of the Comfort Letter in Financial-Banking RelationsAbstract:This study aims to analyse the specificity of the effects of the comfort letter in financialbanking relations. A first research objective will aim to observe the notion, the characteristic features and the effects of the comfort letter. The second research objective will aim to observe, at a jurisprudential level, the effects that the comfort letter produces within the framework of legal relations of a financial-banking nature. In preparing the study, specialized works on the subject, updated incidental legislation and relevant jurisprudence on the subject will be consulted.
Keywords: comfort letter, jurisprudence, effects, financial-banking relations, characteristic features.
JEL Classification:K15, K22
- Associate professor Mihai Cristian APOSTOLACHE
Election Merging in the Vision of the Venice CommissionAbstract:The year 2024 was marked by the simultaneous organization and holding of the European and local elections in Romania on June 9th. The regulatory framework for the elections on June 9th was composed of the Government Emergency Ordinance no. 21/20242, Law 33/20073 on the organization of elections for the European Parliament and Law no. 115/2015 on the election of local public administration authorities. The decision of the national authorities to modify the normal election calendar had implications on the electoral legislation and practice, as well as on the citizens, electoral competitors and the entities involved in the electoral process. This is not the only time when the governments have resorted to such methods. In the past, attempts have been made to merge local elections with parliamentary elections, or state practice has known the situation of simultaneously organizing general elections with presidential elections. In the case of the 2024 elections, the merge decision was adopted by Emergency Ordinance, and the period of time between the adoption of the ordinance and the date of the elections was very short, aspects that made certain social actors consider the approach unconstitutional or that it violated the international standards on electoral matters. This led to the referral of the Constitutional Court of Romania and the referral of the European Commission for Democracy through Law (the Venice Commission). The present article analyses the opinion of the Venice Commission on the decision to merge local and European elections through Government Emergency Ordinance No. 21/2024.
Keywords: elections, constitutional court, Venice Commission, emergency ordinance.
JEL Classification:K23, K33
- Lecturer Adriana DEAC
New Regulation of the Classification of Activities in the Romanian EconomyAbstract:Starting with 01.01.2025, Order no. 377/17.04.20242 of the President of the National Institute of Statistics regarding the updating of the Classification of Activities in the National Economy (CAEN) following the NACE amendments at the level of the European Union entered into force in Romania. This paper proposes a general analysis of this topic from an interdisciplinary perspective, given that this classification applies to all areas of economic and social activity and is mandatory, for statistical purposes, for all central and local public administration bodies, budgetary units, economic agents, regardless of the form of ownership, employers', trade union, professional and political organizations, foundations, associations and other natural and legal persons, when completing official documents whenever the activity is required to be specified. The study will analyze both national regulation and the regulation in force in the European Union and at a global level, and we will present the context of establishing this regulation, the general features, as well as the importance of the classification.
Keywords: CAEN, NACE, ISIC, UN, economic activity, National Trade Registry Office, professional trader, registration, object of activity.
JEL Classification:K23
- Associate professor Doina POPESCU LJUNGHOLM
Artificial Intelligence in Public Administration: Human Rights Implications, Benefits, Challenges, and Regulatory NeedsAbstract:In today’s digital context, artificial intelligence (AI) has become an essential tool in transforming public administration. This technology promises to streamline government institutions by automating processes, reducing bureaucracy, and improving the quality of public services, thus contributing to more transparent and accessible governance. However, the largescale application of AI in the public sector raises significant risks, especially concerning the protection of fundamental human rights. This study analyzes the implications of AI use in public administration, with a focus on resulting legal and ethical issues. The methodology is qualitative and based on comparative analysis of international and European legislation, examination of official EU documents, and identification of regulatory gaps. Findings show that while AI enhances efficiency, it also poses challenges related to decision-making transparency, data protection, and algorithmic discrimination. The study's implications emphasize the need for a coherent legal and ethical framework, human oversight, and public policies that ensure citizens’ rights are respected in relation to emerging technologies. The paper offers concrete recommendations for the responsible implementation of AI in the public sector, balancing technological innovation with the protection of democratic values.
Keywords: artificial intelligence, public administration, human rights, regulatory framework, digital transparency.
JEL Classification:K10, K23, K24, K41
- LLM. student Andra Bianca IACOB
Between the English National Identity and the Cooperation of the European UnionAbstract:Between 1973 and 2020, the United Kingdom of Great Britain and Northern Ireland were a member of the European Union. During this period, the large number of international students entering the British education system brought significant economic and cultural benefits to the country. EU Structural Funds were allocated to Member States on the basis of eligibility criteria set at the EU level. The UK’s exit from the EU was the result of internal political debates and a complex combination of factors, such as migration and financial contributions to member states.
Keywords: UK, European Union, co-operation, Brexit.
JEL Classification:K33, I38
- PhD. student Carmen ION; PhD. student Maricica TUDOSE; PhD. student Nelu GHEORGHIȚĂ; Associate professor Ion BÎTCĂ; Associate professor Andy Cornelius PUȘCĂ
The Impact of Artificial Intelligence in the Fields of Life Insurance, in Vitro Fertilization and EuthanasiaAbstract:Background: Artificial intelligence is part of the development of research in the fields in which the authors have their doctoral theses. Artificial intelligence plays a particularly important role in all areas covered by this research. Artificial intelligence can save time spent on establishing customer interactions and even organising life insurance businesses. All converge towards increasing operational efficiency and reducing costs. In terms of In Vitro Fertilization, artificial intelligence could be used to determine the ideal date for oocyte collection in In Vitro Fertilization procedures. Artificial intelligence can automate the assistance patients need in euthanasia, without the act of -"killing"- performed by another human being. Contemporary methods depend to a great extent on the moral considerations of the attending physicians, as well as on their relationship with patients. Methods: Artificial intelligence increasingly influences individuals' - daily lives and plays a particularly important role in digital modelling through its automatic decision-making possibilities. Due to the speed with which the desired activities are carried out, this unpredictable technology produces impressive, beneficial results. A study presented at the annual congress of the American Society for Reproductive Medicine, which took place between October 14 and 18, 2023, in New Orleans, exposed the new possibilities of integrating artificial intelligence into fertility treatments. The study could also be adapted to conditions in European Union countries. Researching studies and papers published in a field of interest is a method that yields outstanding results where no opinion has been adopted. Results and conclusions: From the analysis presented, it is clear that the alternative methods presented by the researchers are absolutely necessary, because no method fully corresponds to people’s wishes and the possibility of choosing when an option cannot be accessed. In addition, ethical or religious issues can create different options. As for insurance, it conforms to people’s wishes according to needs. However, it is certain that all research is in support of people, highlighting respect for people’s fundamental rights in parallel with the fulfillment of the purpose they pursue.
Keywords: artificial intelligence, life protection, procedures, results, globalization.
JEL Classification:K24, K32
