Law Course2

National Law
-Public Law consists of legal rules related to the organization of the state , the public authorities
and the relation established between the state or the public authorities and the citizens , the
individuals.
-Private Law consists of legal rules regulating the private relations between individuals
belonging to the same state.
The difference between this two divisions pf the national system of law is made taking into
account two criteria as follows :
1. 1st- the nature of interests protected by legal rules. Therefore the legal rules of public
law protect public , general interests - meaning the interest of entire community. At the same
time the legal rules of private law protect private individual interests meaning the interests of
the parties to juridical relations.
2. 2nd- The nature of the social relations regulated by the legal rules . Within public law
the social relations under settlement are mainly subordinations relations established between
the state and individual. Within private law the social relations under settlement are mainly
equality relations established between natural or legal persons. The parties to such juridical
relations are considered equal from a juridical point of view.

The Public Law includes the following branches of law:

1. Constitutional Law - which regulates the relations , the structure, the powers of state
authorities, the electoral system, the rights and the duties of the citizens. The main source of
constitutional law is the constitution - the fundamental law of a country.
2. Administrative Law - which contains legal rules refering to the organization and the
functioning of administrative bodies of the state and public services
3. The Fiscal Financial Law - which regulates the relations concerning the establishment,
the approval and the execution of the state budget as well as taxes and other charges imposed
by the state
4. The criminal law - which includes all the legal rules regulating the antisocial behaviour
namely the crimes or criminal offenses and the sanctions applied to the person that commit
them
5. The law of civil procedure - which regulates the judicial activity , the activity of justice
performed by the judges in civil disputes and the execution of the judgements pronounced in
such cases.
6. The Law of Criminal Procedure - which contains all the legal rules regulating the
proceding within criminal cases.

The private law includes the following branches of law :

1. The Civil Law - which contains all the legal rules that regulate the patrimonial and none-
patrimonial relations between the natural and legal persons between the professionals as well
as family the relations deriving from marriage, adoption, etc.
2. The Labour and Social Security Law -which regulates the labour relations between the
employers and the employees as well as social relations of public law concerning the employees
protection.

Business Law - contains all the legal rules that belong to different branches of public and private
law and which are aplicable within the business relations. The business law regulates mainly the
following legal relations concerning the performance of economic activities.

1. Legal relations of public law established between the state and the public authorities on
one hand and the participants to business relations on the other hand concerning , for example
authorizations of functioning, taxes and other charges, the crimes and criminal offenses
concerning economic activities
2. The legal relations of private law established between the participants to business
relations or arising from the performance of economic activities such as ex. Different types of
contracts or juridical acts, the ownership right and the goods, the labour relations.

The legal rule.

Definitions and features of legal rules.
Like moral or religious rules the legal rules are also rules of social behaviour. All social rules are
compulsory because otherwise they could not be qualified as rules but as simple
recomendations. However the sanction for the non-observants of each category of social rules
is different meaning that the sanction has the same nature as the rule to which it is attached.
Unlike all other social rules the legal rule has the legal juridical sanction , it means that this
sanction is applied within the framework of the society which is organized as a state and its
application implies in all cases the intervention of the competent bodies of the state. As a
consequence the legal rules are different in relation to all the other categories of social rules
because they may be applied and imposed to the powers of the state. As a definition the legal
rules is a general, impersonal and compulsory rule of human behaviour which may be applied
and imposed if necessary by the power of the state. From this definition we may emphasize the
following essential features of the legal rule:
1. The legal rule is general. It means that it provides a typical behaviour , a model of
behaviour which is addressed to any persons
2. The legal rules is impersonal - it means that the legal rules is not directly adrressed to a
specific person, actually legal rules represents a unique standart of behaviour which refers to
an undetermined number of persons. For example art 84, par 1 , from romanian constitution ,
the president of Romania cannot be member pf any political party and he cannot hold any
other public or private office.
3. The legal rule is compulsory - it means that its provisions may be imposed by different
state means
The structure of the legal rule - the structure of any legal rules includes the following 3
elements :
1. The hypothesis which is the part of the legal rule that describes the complete
circumnstances when a certain behaviour is requested namely the circumnstances when the
legal rule is to be applied.
2. The provision or the command - which is the most important element of the legal rule. It
provides the behavior imposed to the subjects of law under the circumstances described in 2
hypothesis. The command may provide what the subject of law should do, what they should
not do or what they are allowed to.
3. The sanction - it provides which are the consequences of the non-observants of the legal
rule and the penalties that may be applied by the competent bodies of the state to those who
do not comply with the rules command.

Seminar 2

1st- The person that causes a damage through an un-lawful committed with guilt must repair it,
Art. 1357.
2nd-The murder of a person is punished with prison between 10-20 years and with withdrawal
of rights. Art.

Course 3
In relation to the structure of Legal Rules it is not necessary to have all 3 elements of structure of
Legal Rule in the same article of law. Sometimes the hypothesis of the sanction may be included
in another article of law or even in another normative act but the legal rule must always have its
provision or command even thou the command of some legal rules may be implied.

In order to get legal personality the members of the association should conclude the constitutive
act of the association in authentic form or in a written form attested by a lawyer under the
sanction of absolute nullity.

The sanctions of the legal rule may be classified in according to 7 criteria as follows :
according to the degree of the determination the sanctions are divided in the following
categories
1st The Absolutely Determinate they cannot be modified by the state bodies which
applies them . Ex: Absolute Nullity
2nd- The Relatively Determinate The law provides the limits of the penalty and the
application body must choose the sanction for each specific case taking into account the
specific circumstances .
 according to the way they are provided and applied the sanctions are divided in the
following categories :
1st Alternative sanctions the application body must choose between 2 or more
different penalties for instance for a crime the law provides either prison or criminal fine
2nd- Cumulative sanctions - the application body must choose between 2 or more
different penalties which may be applied at the same time.

The classification of the Legal Rule

Legal Rules may be classified according to different criteria:

According to the object under settlement Legal Rules may be : Const. Legal Rules,
administrative legal rules, criminal legal rules, civil legal rules and so on.
According to their juridical force Legal Rules may be Legal Rules included in Romanian
Constitution, in Laws, in Government Ordinances, Government Decisions, Orders and
Instruction of the Ministers. Actually this classification takes into account the position and
the nature of the state body which has adopted the legal rule, therefore this classification
of the legal rules corresponds to the position and the priority of the state bodies and the
state authorities. This position and priority is very important because in case of a conflict
between legal rules adopted by different state bodies, the legal rules adopted by the
superior state body have priority to apply. Nevertheless, concerning the individuals all
normative acts have the same juridical force meaning they are compulsory.
According to the nature of the behavior provided by Legal Rules Legal rules are divided
in the following 2 categories :
1st- Imperative Legal Rules, are those which must be applied exactly as they are provided
without any exception. They may be divided in following 2 categories.
1. The imposed legal Rules- provide the expressly the obligation to do something,
they impose to the subject of law the certain behavior.
2. The prohibitive Legal Rules forbid the certain behavior.
nd
2 -Disposal Legal Rules, are those legal rules that allow the subjects of law to choose
their own behavior
1. The permissive Legal Rules- provide certain rights or possibilities in the benefit of
the subjects of law.
2. The Suppletive Legal Rules- allow the legal rules to choose the behavior in certain
circumstances, otherwise (meaning when the subjects of law do not choose the
behavior ), the provision of the suppletive legal rule must be applies. It means that
the suppletive legal rules replaces the will of the parties whenever this will is not
expressed. Ex: Art 1659 Civil Code.
According to extent of the application, Legal Rules may be:
1. 1st- General Legal Rules- apply within an entire field of activity, an entire branch
of law.
 2. - Special Legal Rules refer to a limited sphere of social relations taking into
account specific criteria, circumstances or qualities of the persons to whom they
are addressed. It should be noted that special rules have a special character, they
derogate from the general rules. To derogate means to deviate, to depart from a
general provision, to regulate a certain issue in a different way as compared to the
general regulation to provide exceptions to the general regulations.
3. Exception Legal Rules are also derogative, they provide derogations to the
behavior prescribed by general or special Legal Rules. They must be strictly
interpreted and should be applied solely applied under the circumstances
described in the hypothesis. For example, in the relations to the donation
contract, art 15 Civil Code, provides the the donation contract cannot be revoked.
Nevertheless article 1020 Civil Code, provides the exceptions to this rule meaning
cases in which the donation may be revoked. For example according to article
1020 Civil Code, the donation contract may be revoked if the beneficiary of the
donation does not perform the tasks assumed for the contract.
This classification is very important in relation to the application of legal rules. Therefore if 2 legal
rules may be applied in the same time the derogative legal rule meaning the exception rules or
the special rules have priority to apply according to the principle, special rules derogate from
general rules.
According to their structure the Legal Rules may be classified as follows:
1. Complete Legal Rules, which contain all the 3 elements of their structure. For
example, art. 6,par. 1, Government Ordinance 26, 2000, in order to get the legal
personality, the members of the association should conclude the constitutive act
and the statue of the association in authentic form or written form attested by a
lawyer under the sanction of absolute nullity.
2. Preference legal rules, which do not have all the 3 elements of their structure. In
order to find the missing elements, the reference rules sent to another legal rule
in the same normative act or another normative act. For example, art.3, par.1
from Law Nr. 2013, 1998 on Public Property and its juridical regime provide, the
public domain consists of the goods provided by article 135, par.4, Constitution,
the good provided by the annex of the present law as well as any other goods that
serve a public purpose or a public interest according to their nature.
3. Blank Rules are also incomplete Legal Rules, but the missing elements will be
completed in the future by another normative act which is not yet adopted. For
example art.14, from Law 203, 1999, on Labor Permits provides, the procedure of
issuing and nullifying the labor permits will be regulated through the application
rules adopted by the ministry of labor within 60 days following the publication of
the present law in the official monitor of Romania.
 The application of law.
The term law has 2 different meanings, 1st- law means all normative acts adopted by the state
authorities such as the parliament, the government, the ministries and the local administrative
authorities. This is the wide meaning of the term law, secondly law means only the normative act
adopted by the legislative power namely the parliament. In relation to the application of law, we
should take into account 3 coordinates as follows.
1. The application of law in time, during the years the existing laws are replaced by others
because the state is interested to regulate in a different way certain social relations in
order to correlate the law and the economic and social realities, therefore it is very
important to establish the period of time during which a law must be applied meaning
the moment when the law begins its application as well as the end of its application.
Actually the law begins its application from the moment of its entering into force. As a
consequence the law becomes compulsory, and it must be applied and observed by
everybody starting from its entering into force. According to the Romanian Constitution
the law enters into force 3 days after its publication in the official monitor of Romania or
on the further day expressly mentioned in the law itself. Starting from its entering into
force, the law is presumed to be known by everyone. Indeed nobody can plead his
ignorance of the law in front of the judge. The final moment of the application of law is
the moment of its abrogation.. means the feature abolition or elimination. The
abrogation may be expressed or implicit tacit .
a. The expressed abrogation occurs when the legislator expressly provides that a certain
law is repealed. The expressed abrogation may be direct or indirect. The direct
expressed abrogation occurs when the new law mentions directly the abrogated law
or the abrogated articles of law. For example, on the date of entering into force of the
present law, the law Number. 1111 is abrogated or repealed. The indirect expressed
abrogation occurs when it is provided that the laws or the articles that are contrary to
the new law are abrogated. As such we usually use the expression or contrary or
conflictly legal provisions are abrogated or repealed.
b. The tacit or implicit abrogation occurs whenever the new law contains legal provisions
which are incompatible with the previous law without mentioning expressly that the
previous law is abrogated.
2. the application of law on the territory
3. the application of law to persons.

The principles and the exceptions a

 Seminar 3 (W5)

1. Principle of non-retroactivity of law.

The more favorable criminal dispositions (when the previous sentence is applied by new
legislation)
2. Principle of immediate application of the new law.
Ultra-activity of the law

The ultra-activity of the new law :

a) Is the form of retroactivity of law.
b) Is an exception from the non-retroactivity of law .
c) Establishes that the juridical situations created, modified or distinguished after its
entering into force are going to be governed by the new law.
d) May be applied to certain juridical situation expressly provided by the new law.

The law enters into force :

a) On the date of its adoption
b) After 3 days from the date of its publication in the official monitor of Romania
c) On the date of its enforcement by the president of Romania
d) From the date mentioned inside the law

The principle of non-retroactivity of law:

a) Is not regulated by the Romanian law
b) Is an exception from the immediate application of law
c) Establishes criminal law and the parties expressed agreement in a contract as
exceptions from it
d) Establishes that the new law regulates the future effects of juridical relations
created prior to its entering into force

The expression all contrary legal rules are abrogated used inside a new law is a form
of :
a) Total abrogation
b) Partial abrogation
c) Tacit abrogation
d) Indirect abrogation

According to the provisions of the civil code the professionals are considered to be :
a) All those managing an enterprise
b) All those performing economic activities
c) All those managing an enterprise and obtaining a profit from it
d) None of the above
 The division of law that regulates the relations between people under the jurisdiction of
different states who have goods or interests in different states is :
a) National Public Law
b) International Public Law
c) International Private Law
d) National Private Law