Declararea eronată a nedemnității judiciare în cazul unui omor săvârșit cu intenție indirectă
Bibliographic record
Abstract
In a case decided by the Cluj-Napoca District Court, the civil panel incorrectly applied judicial unworthiness under Article 959(1)(a) of the Romanian Civil Code, rather than unworthiness by operation of law under Article 958(1)(a), after a criminal conviction for homicide committed with indirect intent. This note argues that the court misinterpreted the form of intent, confusing indirect intent with praeterintentional conduct, and thus misapplied unworthiness to inherit. Drawing upon the distinctions between direct intent, indirect intent, and praeterintention under Romanian law, the note shows that homicide with indirect intent should trigger absolute unworthiness. The analysis situates the rule in a comparative context, stressing its Québec origins and Romanian adaptation. Finally, it considers the practical consequences of the error, including temporal effects on succession claims and the risk of establishing misleading jurisprudential patterns.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.004 | 0.002 |
| Scholarly communication | 0.001 | 0.001 |
| Open science | 0.002 | 0.001 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.010 | 0.002 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; both teacher heads agree on what is shown here.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".