Studia Universitatis Babeș-Bolyai Iurisprudentia

The consequences of contract reclassification on the withdrawal clause

Alex Cocis — Mon, 20 Jul 2026 00:00:00 +0000

Although the principle of the binding force of contracts guarantees the stability of legal relationships, it is not absolute, being limited by the need to safeguard contractual freedom and the balance between the parties. Within this framework, unilateral termination emerges as a legal mechanism allowing the ex nunc cessation of a legal relationship through a simple expression of will. The analysis reveals functional similarities between unilateral termination under civil law and the termination of an employment contract during the probationary period, both having the legal nature of a genuine withdrawal clause. Therefore, the study highlights that the probationary period represents a particular form, adapted to labour law, of the right of unilateral withdrawal, illustrating the interaction between civil law and labour law and the need to maintain a balance between contractual freedom and employee protection.

The environmental regulatory act

Andreea-Carla Loghin — Mon, 20 Jul 2026 00:00:00 +0000

Currently, interactions between human beings and the natural environment possess a bivalent character. On one hand, humanity strives to achieve harmony with nature; on the other, the same human beings pursue the unlimited expansion of the built environment. In a context where the development of the built environment tends to acquire an uncontrolled character, the administration— the declared guardian of the public interest—has been compelled to adapt its conduct by establishing new forms of administrative expression of will oriented toward the protection and conservation of the natural environment. The present study aims to explore how these forms of administrative expression of will, generically referred to as environmental regulatory acts, are regulated at the national level. Starting from the general and special provisions governing environmental protection, the article seeks to highlight the disconnect between the intent of the legislator—which views the environmental regulatory act as a homogeneous concept—and the fundamental principles of administrative law. An analysis of various environmental opinions, agreements and permits through the application of these principles leads to a conclusion contrary to the legislator’s intent: the notion of an „environmental regulatory act” brings together administrative expressions of will that possess a distinct juridical nature, representing an inherently heterogeneous concept. The legislator’s intent to classify all types of environmental regulatory acts as administrative acts may be justifiably questioned. Similarly, qualifying all such approvals, agreements and permits as “regulatory” acts is problematic. As we shall demonstrate, a significant portion of environmental regulatory acts are, by their very nature, individual in character—a feature that influences, among other things, the acquisition of irrevocability through their entry into civil circulation.

The imperative need to reform the Romanian legal framework in order to ensure the effective participation of persons of legal age with vulnerabilities

Gabriela-Rodica Ghile-Buzan — Tue, 21 Jul 2026 00:00:00 +0000

This paper analyses the notarial regulatory framework in Romania, with particular attention to accessibility measures lato sensu, intended for vulnerable persons, aimed at facilitating their participation in notarial procedures. The study examines the extent to which the national notarial legal framework fulfils its obligation to provide the necessary support for persons with disabilities, with special emphasis on assessing the guarantee of equal access to notarial services for this category of persons. In carrying out the stated objectives, we have chosen to employ primarily the methods of juridical-dogmatic and functionalist investigation, examining current legislation, relevant case law, practical cases, and legal doctrine.

In light of the current legal framework and considering the circumstances in which the beneficiaries of notarial procedures may find themselves, we chose to initiate our research on two levels, respectively according to the regulation of mental disabilities and according to the regulation of sensory and communication disabilities. In relation to these two categories, we identified the notarial procedures that permit the use of adapted notarial services, the specific requirements imposed on their beneficiaries, and the instruments provided by law to be used by the professional for the purpose of making their services accessible.

Therefore, our scientific work offers a new perspective on the need for legal norms

to provide clear measures for adapting services for all vulnerable persons, regardless of the protective measures from which they benefit or their legal capacity to act, and to integrate genuine accessibility tools. In addition to the analysis of domestic notarial law norms, particularly in relation to the imperative requirements of the CRPD, international law, and constitutional principles, the objective of the study consists in formulating guidelines regarding possible legislative reforms focused on the creation of an inclusive legal environment, that reflects the role of the notary public in supporting vulnerable persons.

Between the source text and the manifestations of the published work

Dorin Jorea — Mon, 20 Jul 2026 00:00:00 +0000

In this article we describe the implementation, for a university journal, of the multi-format publishing model that uses the single source model containing the expression of the author’s work, within an innovative editing and typesetting workflow.On the technical side, we analyse the conditions and the possibility of adopting — and adapting, through scripts of our own — cutting-edge open-source solutions, namely Quarto and Typst, to the editorial requirements specific to the field of law. The present text, along with the entire issue in which it is published, is proof of successful adoption. Readers will decide whether the adaptation succeeded as well.We open with a challenge: explaining the functional, not merely aesthetic, differences between the ways a text can be marked up during writing and editing. Correctly marking up authorial intent is the key to the entire conversion chain from the single source, and must therefore be properly explained.We then present the decisions made and the stages covered in implementing the aforementioned technological innovations: from computing the proportions of the typographic composition to conceiving and designing the electronic formats for distributing the works. The latter are, to our knowledge, unprecedented in Romanian academic publishing: the preservation of the print edition’s pagination in the html and epub formats, which allows readers to cite the print pagination regardless of the format actually consulted; the automatic detection of ecli, eli or celex identifiers and the creation of url lookup queries that look them up directly in the databases where those documents are held; the integration with reference managers and automated citations based on the conventions specific to Romanian legal writing, and more.

Quae sunt Caesaris... Positivist presumptions

Paul Vasilescu — Mon, 20 Jul 2026 00:00:00 +0000

The dominant legal trend today ispositivism, whether we look at national or European law. Almost all technical analysisfocuses on the text of the law, the effect of a centralized normative effort. It is appropriate todivide positivism into a structural one, having as its very object the norm, supplemented byanalytic positivism, including the explanatory effort of the norm under consideration. Ourambition is to date positivism in its nascent form, leaving behind the current prejudice that it was born in the nineteenth century, as a result of scientific work on society. However, if welook at the Gospel juridical parables, we may be surprised to see that positivism appearsanonymously with political legislation, also considering some precursors of modern law: theperson, equality before the law and the concept of legal representation. Once politicallypresent, positivism is constituted as a legal ontology, a somewhat paradoxical andcounterintuitive idea, but perfectly explainable, with the ultimate goal of erasing all traces of pagan jusnaturalism.

In the passing of years

Dorin Jorea — Mon, 20 Jul 2026 00:00:00 +0000

Studia Universitatis Babes-Bolyai Iurisprudentia can count and celebrate its editorial years by referring to several important moments…