Ion Iorga - Academia.edu (original) (raw)

Papers by Ion Iorga

Research paper thumbnail of The Legal Regime and the Civil Liability Basis of the Danubian International Carrier

This study continues the author's concerns towards the river transport, with emphasis on the ... more This study continues the author's concerns towards the river transport, with emphasis on the obligation of the carrier's liability and the nature of incident liability. Based on the analysis of international regulation of the contract of carriage of goods by inland waterways, this article examines the legal regime applied on the liability of the carrier of goods on the Danube and, predominantly it makes a point of view on the basis of liability of the Danubian carrier. The article used as a research method the analysis of these incident laws, with interpreting the incident form of liability of the international Danubian carrier, as configured by the laws in force.

Research paper thumbnail of The Analysis of the Causes for Exoneration from Liability of the Danubian Carrier in the International Regime

Acta Universitatis Danubius : Juridica, 2015

In this paper we intend to continue the analysis of the river international contract of carriage ... more In this paper we intend to continue the analysis of the river international contract of carriage of goods on the Danube, in general, and, in particular, to analyze the causes for exoneration from the liability of the Danubian carrier. Objectives: The main objective is to argue how, in the event of damage caused during transport, the carrier is presumed to be at fault, as an effect of triggering the presumption of liability, it may rebut the presumption of juris tantum by contrary evidence, proving that the real cause of the prejudice is not imputable. Prior Work: In the context where also the Romanian and European doctrine analyzes these causes, this paper aims at examining in detail and comparatively their impact, analyzing the legal texts, and also their impact during the trial. Approach: We will consider the exemption circumstances, based on the interpretation of international regulation of the contract of carriage of goods by inland waterways, which we will report in detail. Res...

Research paper thumbnail of The Analysis of the Pre-Emption Right under the Contract of Sale in the Regulation of New Civil Code

In this paper we will keep under review the specificity of the reported pre-emption right to the ... more In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture, privatization, franchising, intellectual property. According to the analysis of the future legal deposition, it shows that pre-emption right may have as a source both the law and the contract, in this case it is referred to the legal and conventional right of pre-emption. We note also that, in light of the new regulations, the mechanism for exercising the right of pre-emption is similar to the one applicable to the right of preference. Objectives: The purpose of this paper is to focus on the us...

Research paper thumbnail of Contracting Parties in the International Successive Transport

Sometimes, the carrier, in order to accomplish the task of moving goods to its destination, he ap... more Sometimes, the carrier, in order to accomplish the task of moving goods to its destination, he appeals to other carriers, for various reasons, concluding another contract of carriage, which circumscribes the initial contract and it entrusts the achievement of the entire transportation or only a part of it. Sometimes, there are precise stipulations in the main contract of carriage concerning this issue. Besides the movement of goods, which we may call traditional, defined as using means of transportation of the same kind, lately we can observe the proliferation of more complex operations, which have the generic name of successive transportation. In such shipments, the multimodal transport plays an important role. Thus, the present approach focuses on some features of the legal relationships which may arise between the contracting carrier, surrogate carrier, consignor and consignee, and also on the results from the analysis of the concerned international conventions.

Research paper thumbnail of Carrier Obligations to the First Point of Moving Goods: Particularities and River Shipping

Research paper thumbnail of Transport Document in the Light of the Budapest Convention on the Contract for the International Carriage of Goods by Inland Waterways

Research paper thumbnail of The Analysis of the Carrier’s Obligations during the Movement of Goods in Terms of Dual Perspective of the Budapest Convention and the Settlement of t

In the present study we have analyzed one of the most important, but at the same time conflicting... more In the present study we have analyzed one of the most important, but at the same time conflicting, the carrier's obligations arise under the contract of carriage, that is the compliance of the itinerary while traveling goods to their destination, safely without delay. Using content analysis, through a descriptive documentary research and jurisprudence analysis, this study aims at identifying both the content of the obligation of complying the itinerary established in the contract or the usages that derive from, and particular aspects of this obligation which modifies the original terms of the carriage contract. Also, the paper discusses the texts of the New Civil Code and the Budapest Convention on the carriage contract on inland waterways. To what extent the carrier is entitled to invoke the exemption causes of liability? What are these causes? The paper is in the interest of legal practitioners that confront with the compliance issue of the carrier's obligations and attracting the liability of the carrier for all damages of the goods, during and after the route deviation from the itinerary in given situation.

Research paper thumbnail of The Legal Regime and the Civil Liability Basis of the Danubian International Carrier

This study continues the author's concerns towards the river transport, with emphasis on the ... more This study continues the author's concerns towards the river transport, with emphasis on the obligation of the carrier's liability and the nature of incident liability. Based on the analysis of international regulation of the contract of carriage of goods by inland waterways, this article examines the legal regime applied on the liability of the carrier of goods on the Danube and, predominantly it makes a point of view on the basis of liability of the Danubian carrier. The article used as a research method the analysis of these incident laws, with interpreting the incident form of liability of the international Danubian carrier, as configured by the laws in force.

Research paper thumbnail of The Analysis of the Causes for Exoneration from Liability of the Danubian Carrier in the International Regime

Acta Universitatis Danubius : Juridica, 2015

In this paper we intend to continue the analysis of the river international contract of carriage ... more In this paper we intend to continue the analysis of the river international contract of carriage of goods on the Danube, in general, and, in particular, to analyze the causes for exoneration from the liability of the Danubian carrier. Objectives: The main objective is to argue how, in the event of damage caused during transport, the carrier is presumed to be at fault, as an effect of triggering the presumption of liability, it may rebut the presumption of juris tantum by contrary evidence, proving that the real cause of the prejudice is not imputable. Prior Work: In the context where also the Romanian and European doctrine analyzes these causes, this paper aims at examining in detail and comparatively their impact, analyzing the legal texts, and also their impact during the trial. Approach: We will consider the exemption circumstances, based on the interpretation of international regulation of the contract of carriage of goods by inland waterways, which we will report in detail. Res...

Research paper thumbnail of The Analysis of the Pre-Emption Right under the Contract of Sale in the Regulation of New Civil Code

In this paper we will keep under review the specificity of the reported pre-emption right to the ... more In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture, privatization, franchising, intellectual property. According to the analysis of the future legal deposition, it shows that pre-emption right may have as a source both the law and the contract, in this case it is referred to the legal and conventional right of pre-emption. We note also that, in light of the new regulations, the mechanism for exercising the right of pre-emption is similar to the one applicable to the right of preference. Objectives: The purpose of this paper is to focus on the us...

Research paper thumbnail of Contracting Parties in the International Successive Transport

Sometimes, the carrier, in order to accomplish the task of moving goods to its destination, he ap... more Sometimes, the carrier, in order to accomplish the task of moving goods to its destination, he appeals to other carriers, for various reasons, concluding another contract of carriage, which circumscribes the initial contract and it entrusts the achievement of the entire transportation or only a part of it. Sometimes, there are precise stipulations in the main contract of carriage concerning this issue. Besides the movement of goods, which we may call traditional, defined as using means of transportation of the same kind, lately we can observe the proliferation of more complex operations, which have the generic name of successive transportation. In such shipments, the multimodal transport plays an important role. Thus, the present approach focuses on some features of the legal relationships which may arise between the contracting carrier, surrogate carrier, consignor and consignee, and also on the results from the analysis of the concerned international conventions.

Research paper thumbnail of Carrier Obligations to the First Point of Moving Goods: Particularities and River Shipping

Research paper thumbnail of Transport Document in the Light of the Budapest Convention on the Contract for the International Carriage of Goods by Inland Waterways

Research paper thumbnail of The Analysis of the Carrier’s Obligations during the Movement of Goods in Terms of Dual Perspective of the Budapest Convention and the Settlement of t

In the present study we have analyzed one of the most important, but at the same time conflicting... more In the present study we have analyzed one of the most important, but at the same time conflicting, the carrier's obligations arise under the contract of carriage, that is the compliance of the itinerary while traveling goods to their destination, safely without delay. Using content analysis, through a descriptive documentary research and jurisprudence analysis, this study aims at identifying both the content of the obligation of complying the itinerary established in the contract or the usages that derive from, and particular aspects of this obligation which modifies the original terms of the carriage contract. Also, the paper discusses the texts of the New Civil Code and the Budapest Convention on the carriage contract on inland waterways. To what extent the carrier is entitled to invoke the exemption causes of liability? What are these causes? The paper is in the interest of legal practitioners that confront with the compliance issue of the carrier's obligations and attracting the liability of the carrier for all damages of the goods, during and after the route deviation from the itinerary in given situation.