Adriana Pașcan - Academia.edu (original) (raw)
Papers by Adriana Pașcan
DOAJ (DOAJ: Directory of Open Access Journals), Aug 1, 2012
The right to property is a guaranteed right. Property is the right of an individual to own,dispos... more The right to property is a guaranteed right. Property is the right of an individual to own,dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, thereforeits scope is not unlimited. The content and limitations of this right are established by law and thedoctrine makes a distinction between the material limitations and judicial ones, stating that thedistinction between the right to property and the object of this right and the judicial will. When theright to property brings a prejudice to the general interest of a society and endangers the socialharmony, the legislator intervenes and limits the rights to private property as this right cannot be anabsolute right under these conditions.
The Law of insolvency procedure expressly provided the acts for which it can be engaged the membe... more The Law of insolvency procedure expressly provided the acts for which it can be engaged the members' management responsibility of the debtor's liabilities, legal person, reached in insolvency state. However, it established the entitled and the term where the application can be forwarded and the conditions to be fulfilled for forwarding the patrimonial responsibility. Although the legislator in the succession of texts has first regulated closing the insolvency proceedings and forwarding the liability; such an application may only conducted during insolvency proceedings, and obviously, in legal deadline. In case when the procedure ended, but not have passed such an application, the interested litigant parties have the way the appeal against the sentence which insolvency proceedings closed. If, however, the application is made in training patrimonial responsibility, following the closure of the procedure, it will be rejected as tardy. To be simulative, the responsibility of man...
Eirp Proceedings, May 7, 2012
From ancient times, property has been perceived as being something absolutely necessary for life ... more From ancient times, property has been perceived as being something absolutely necessary for life as the human society could not have been perceived without property which was characterised in the doctrine as being "the matrix of the modern subjective rights". According to the Bible, at the origin of the humanity, the owners of goods could only have been Adam and Eve, a social equity in an ideal world that could have existed in the pre state age and will continue to exist in a future world. We can therefore consider the property as being natural and necessary for humans. Without it the social organization cannot be possible as the property relations are the most important element in the production relations, together with the exchange activity between humans. The individual property is the indispensable condition for freedom.
From ancient times, property has been perceived as being something absolutely necessary for life ... more From ancient times, property has been perceived as being something absolutely necessary for life as the human society could not have been perceived without property which was characterised in the doctrine as being "the matrix of the modern subjective rights". According to the Bible, at the origin of the humanity, the owners of goods could only have been Adam and Eve, a social equity in an ideal world that could have existed in the pre state age and will continue to exist in a future world. We can therefore consider the property as being natural and necessary for humans. Without it the social organization cannot be possible as the property relations are the most important element in the production relations, together with the exchange activity between humans. The individual property is the indispensable condition for freedom.
The right to property is a guaranteed right. Property is the right of an individual to own, dispo... more The right to property is a guaranteed right. Property is the right of an individual to own, dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, therefore its scope is not unlimited. The content and limitations of this right are established by law and the doctrine makes a distinction between the material limitations and judicial ones, stating that the distinction between the right to property and the object of this right and the judicial will. When the right to property brings a prejudice to the general interest of a society and endangers the social harmony, the legislator intervenes and limits the rights to private property as this right cannot be an absolute right under these conditions.
Acta Universitatis Danubius: Juridica, 2011
In this paper we are trying to offer those practicing law a theoretical and practical approach of... more In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change) in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system i...
DOAJ (DOAJ: Directory of Open Access Journals), Aug 1, 2012
The right to property is a guaranteed right. Property is the right of an individual to own,dispos... more The right to property is a guaranteed right. Property is the right of an individual to own,dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, thereforeits scope is not unlimited. The content and limitations of this right are established by law and thedoctrine makes a distinction between the material limitations and judicial ones, stating that thedistinction between the right to property and the object of this right and the judicial will. When theright to property brings a prejudice to the general interest of a society and endangers the socialharmony, the legislator intervenes and limits the rights to private property as this right cannot be anabsolute right under these conditions.
The Law of insolvency procedure expressly provided the acts for which it can be engaged the membe... more The Law of insolvency procedure expressly provided the acts for which it can be engaged the members' management responsibility of the debtor's liabilities, legal person, reached in insolvency state. However, it established the entitled and the term where the application can be forwarded and the conditions to be fulfilled for forwarding the patrimonial responsibility. Although the legislator in the succession of texts has first regulated closing the insolvency proceedings and forwarding the liability; such an application may only conducted during insolvency proceedings, and obviously, in legal deadline. In case when the procedure ended, but not have passed such an application, the interested litigant parties have the way the appeal against the sentence which insolvency proceedings closed. If, however, the application is made in training patrimonial responsibility, following the closure of the procedure, it will be rejected as tardy. To be simulative, the responsibility of man...
Eirp Proceedings, May 7, 2012
From ancient times, property has been perceived as being something absolutely necessary for life ... more From ancient times, property has been perceived as being something absolutely necessary for life as the human society could not have been perceived without property which was characterised in the doctrine as being "the matrix of the modern subjective rights". According to the Bible, at the origin of the humanity, the owners of goods could only have been Adam and Eve, a social equity in an ideal world that could have existed in the pre state age and will continue to exist in a future world. We can therefore consider the property as being natural and necessary for humans. Without it the social organization cannot be possible as the property relations are the most important element in the production relations, together with the exchange activity between humans. The individual property is the indispensable condition for freedom.
From ancient times, property has been perceived as being something absolutely necessary for life ... more From ancient times, property has been perceived as being something absolutely necessary for life as the human society could not have been perceived without property which was characterised in the doctrine as being "the matrix of the modern subjective rights". According to the Bible, at the origin of the humanity, the owners of goods could only have been Adam and Eve, a social equity in an ideal world that could have existed in the pre state age and will continue to exist in a future world. We can therefore consider the property as being natural and necessary for humans. Without it the social organization cannot be possible as the property relations are the most important element in the production relations, together with the exchange activity between humans. The individual property is the indispensable condition for freedom.
The right to property is a guaranteed right. Property is the right of an individual to own, dispo... more The right to property is a guaranteed right. Property is the right of an individual to own, dispose and enjoy an asset, absolutely and exclusively, within the limits determined by law, therefore its scope is not unlimited. The content and limitations of this right are established by law and the doctrine makes a distinction between the material limitations and judicial ones, stating that the distinction between the right to property and the object of this right and the judicial will. When the right to property brings a prejudice to the general interest of a society and endangers the social harmony, the legislator intervenes and limits the rights to private property as this right cannot be an absolute right under these conditions.
Acta Universitatis Danubius: Juridica, 2011
In this paper we are trying to offer those practicing law a theoretical and practical approach of... more In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change) in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system i...