daniela capitan: mai 2012

marți, 29 mai 2012

The judge, only administering correctly and fully the evidences, can know the real relations between the parties, the facts that generated the conflict between them, and then, based on the evidences, to apply correctly the law to the investigated case

The samples
          Civil process is usually a contentious process which can not be solved only by the claims of the parties, the judge being able to make conviction on the evidences.
          Therefore, evidences have a particular importance in solving the account with which it was apprised the civil court, because without evidences is virtually impossible to give the judgment, without the proof of what is said.
          The judge, only administering correctly and fully the evidences, can know the real relations between the parties, the facts that generated the conflict between them, and then, based on the evidences, to apply correctly the law to the investigated case.
          Motivating the decision - in which judges must demonstrate logically the full consistent between solution of the respective case and reality. Motivation must be clear and simple, precise, concise and firm.

The investor tries to sell at auction the houses of the block S9-S9 ̍from Street Piața Unirii (Union Square), no. 4, no documents, in late 1998 and fails. At the auction it does not list anyone

Town council did not inventorize blocks of flats at various stages of completion in 1997 in Zlatna town.
          The town hall refuses to give me the authorization of construction of the block across the street from town hall.
          The investor did not prepare the technical book of the construction.
          The investment includes collective appartments with commercial housings projected on the basis of unique, grouped into two segments Block S9-S9 ̍P (first floor) + 4 floors.
          The objective of this investment is part of the downtown area Zlatna boarding the square of civic center on the eastern side, is said in the supporting statement of the project.
          The works were carried out between 1985-1999 when the block was put into unfinished.
          The investor was able to sell building, currently under construction, in 1992, by public auction.
          Violating the regulations, the town council continues to contract for a work.

It did not inventory blocks of housing there were in various stages of completion in 1997 in Zlatna town

The investor tries to sell at auction the houses of the block S9-S9 ̍from Street Piața Unirii (Union Square), no. 4, no documents, in late 1998 and fails. At the auction it does not list anyone.
          I asked to the town hall the documents the borrowing for amounts advanced up from special deposit of the local council of the Zlatna town to achieve housing of block S9-S9' from Zlatna, Street Union Square, no. 4, Alba (White) County, concluded with natural persons provided in art. 7 of Law no. 114/1996, housing law, through the delegated administrator by the local authority under existing laws.
          The local council has not shown the list covering the number, structure on the number of rooms and location of housings, and list of beneficiaries of housing, in order of priority established under art. 7 of Law no. 114/1996 housing law, at its headquarters from the Zlatna town.
          Violating regulations, the council distributes the appartments of the block S9-S9 ̍after it failed to sell at auction, without to fulfill legal obligation the acceptance of construction works and their installation.
          Town hall Zlatna refuses to give me all assignment orders for the 28 apartments of the block S9-S9 ̍, contracts for housing block.
          The branching/connection the water users from block S9-S9 ̍, Street Union Square, no. 4, to public water and sewer was finally released without the notice of the operator. The operator has not complied with the procedure of branching, violating the laws.

Prefects will organize screening these cases and will referal the courts for the nullity and restore the previous situation. From the amounts that give back the buyers it will hold back the rent for the period of the contract and before the refund. The reimbursed amounts are not interest bearing and not updated

The housing built with state funds can be purchased by owners of rental contracts, with payment in full or in installments of the price, under Decree-law no. 61/1990 on the sale of housing built with state funds by population and this law.

Sale-purchase contracts concluded in breach of decree-law no. 61/1990 and this law is absolute void.
The nullity may be invoked by any person in any way.

Prefects will organize screening these cases and will referal the courts for the nullity and restore the previous situation. From the amounts that give back the buyers it will hold back the rent for the period of the contract and before the refund. The reimbursed amounts are not interest bearing and not updated. (article 1, paragraph 1, article 19 of Law no. 85/1992 on the sale of housing and the spaces with another destination built with state funds and budgetary funds or state entities)

Accounting, as specialized activity in the measurement, the evaluation, the knowledge, the management and the control of the assets, liabilities and equity and results of activity to legal persons and natural persons referred to in art. 1 must provide chronological and systematic recording, processing, publish and maintain information on financial position, financial performance and cash flows, both for their domestic needs and relationships with present and potential investors, financial and commercial creditors, customers, public institutions and other users

Art. 1. - (1) Societies, companies/national companies, autonomous, national institutes of research and development, cooperatives and other legal entities for profit are required to organize and run their own accounting, financial accounting that under this law, and management accounting adapted to the specific activity.

Article 2. - (1) Accounting, as specialized activity in the measurement, the evaluation, the knowledge, the management and the control of the assets, liabilities and equity and results of activity to legal persons and natural persons referred to in art. 1 must provide chronological and systematic recording, processing, publish and maintain information on financial position, financial performance and cash flows, both for their domestic needs and relationships with present and potential investors, financial and commercial creditors, customers, public institutions and other users.

Article 6. - (1) Any economic and financial operation performed at the time they are recorded in a document underlying accounting records, thus providing a supporting document quality.   (art. 1 alin. 1, art. 2 alin. 1, art. 6 alin. 1, 2, art. 8 alin. 1, art. 9 alin. 1 și art. 10 alin. 1 din Legea nr. 82/1991, legea contabilității)
          (2) Supporting documents underlying accounting records of persons liable worked out, endorsed and approved, and those which have accounted for as appropriate.
          Article 8. - (1) Persons referred to in art. 1 are required to conduct a general inventory of assets and liabilities held at the beginning of, at least once a year during their operation, the merger or closure, as well as in other cases provided by law.
          Article 9. - (1) Valuation of inventory and presentation held during their annual financial statements are the rules and accounting regulations.
          Article 10. - (1) Official documents of presenting economic and financial situation of persons referred to in art. 1 are the annual financial statements, which must reflect accurately the financial position, financial performance, cash flows and other information related to work. (art. 1 par 1, art. 2 par 1, art. 6 par 1, 2, art. 8 par 1, art. 9 par 1 și art. 10 par 1 of Law no. 82/1991, Accounting Law)

Provisions of public order are of interest, in their totality, mandatory rules, which can not be departed from contract under the sanction of nullity

Provisions of public order are of interest, in their totality, mandatory rules, which can not be departed from contract under the sanction of nullity. Here we shall include the total legal rules and the generally principles of law, and which establish economic and social order.
Absolute nullity may be invoked by anyone has interested, this means that practically it can invoke absolute nullity: the parties, their assignees, the prosecutor, the court ex officio, the competent public authorities etc., in a word anyone who justifies or claims any interest.

Absolute nullity can be invoked at any time, consequential by action or by exception, beeing inprescriptible.

Absolute nullity can not be covered by by express or implied confirmation.

Absolute nullities have in view the lack of an essential element of the legal act (consent, object, cause, form), either disregarding any imperative disposition and prohibitive of the law and of the rules of social life and their invocation can be made by any interested person, it can not be confirmed and are inalienable.

luni, 28 mai 2012

We ask respectfully to Mr. President of the Third Section of the European Court of Human Rights to prolong the deadline (29 May 2012), on order to depose the result of checks and the measures ordered against the bailiff Baba Teodor by the prosecutor’s office under the court of appeal Alba Iulia

Mr. Santiago Quesada
Registrar of the Third Section
of The European Court of Human Rights,
Strasbourg, France

29 May 2012

We ask respectfully to Mr. President of the Third Section of the European Court of Human Rights to prolong the deadline (29 May 2012), on order to depose the result of checks and the measures ordered against the bailiff Baba Teodor by the prosecutor’s office under the court of appeal Alba Iulia.
The complaint formulated by my wife Daniela Căpitan was registered to the service registry, record office, archive and public relations with the number 8800/2011 since 4 November 2011 at the national anticorruption directorate Bucharest and this sent it to the prosecutor’s office under the court of appeal Alba Iulia.
The corrupt prosecutor’s office didn’t communicate us the result of checks and the measures ordered against bailiff Baba.
We sent you the application of just satisfaction with the annexes by e-mail (ECHRvisitors@echr.coe.int).

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Marcel Căpitan