Drept si societate. Tendinte si perspective in context national si international
Law and Society.Trends and Perspectives in National and International Context
Contributor(s): Remus Daniel Berlingher (Editor), Anca Florina Moroşteş (Editor), Daniela Cristina Cret (Editor)
Subject(s): Law, Constitution, Jurisprudence, International Law, Law on Economics, EU-Legislation, Court case
Published by: Editura Universităţii Vasile Goldiş
Keywords: education; values; law; regulations; society; research; implementation;
Summary/Abstract: The value dimension is intrinsic to education, because—through instruction—values are assimilated and transmitted to future generations, and the ultimate goal is the development of the individual's ability to create and promote positive values themselves.A special place among social values is held by legal values, which are enshrined in normative acts. Knowledge of legal regulations is fundamental in today's society by virtue of the principle “nemo censetur ignorare legem” (no one can claim ignorance of the law). This Latin adage expresses the presumption that all citizens know the law, and no person can be exempt from liability by invoking ignorance of its provisions.The publication of this volume is the result of scientific research conducted by specialists in the legal, economic, and socio-human fields, both nationally and internationally. The volume Law and Society – Trends and Perspectives in National and International Context, through its chosen themes, offers an opportunity to explore both public and private law, nationally and internationally, with the aim of expanding our collective understanding and promoting deeper perspectives on the implementation of legal norms in various national and international contexts.
- Print-ISBN-13: 978-973-664-983-7
- Page Count: 301
- Publication Year: 2024
- Language: English, Romanian
Dreptul și societatea, pilonii existenței individuale și colective
Dreptul și societatea, pilonii existenței individuale și colective
(Law and society, the pillars of individual and collective existence)
- Author(s):Verginia Vedinaș
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life, Editorial
- Page Range:9-12
- No. of Pages:4
- Keywords:law; society; legal prescriptions; conduct; international context;
- Summary/Abstract:The work I am about to share with you is one that addresses law and society. What a thought-provoking topic, isn’t it? What would human society be without law? Without those legal prescriptions that organize our lives, conduct, and very being. The full title of the project completed with this work is “Law and Society. Trends and Perspectives in National and International Contexts.”
- Price: 5.00 €
STAFF-LEASING IN THE TEMPORARY EMPLOYMENT SYSTEM IN THE LIGHT OF EU DIRECTIVE 104/2008: THE ITALIAN CASE WITHIN THE PERSPECTIVE OF THE “REASONABLE DURATION” PROBLEM
STAFF-LEASING IN THE TEMPORARY EMPLOYMENT SYSTEM IN THE LIGHT OF EU DIRECTIVE 104/2008: THE ITALIAN CASE WITHIN THE PERSPECTIVE OF THE “REASONABLE DURATION” PROBLEM
(STAFF-LEASING IN THE TEMPORARY EMPLOYMENT SYSTEM IN THE LIGHT OF EU DIRECTIVE 104/2008: THE ITALIAN CASE WITHIN THE PERSPECTIVE OF THE “REASONABLE DURATION” PROBLEM)
- Author(s):Andrea Sitzia, Paolo Piva
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:13-36
- No. of Pages:24
- Keywords:Temporary agency work; staff-leasing; precariousness; employment protection; abuses;
- Summary/Abstract:A few recent Italian Court rulings stated that a worker hired for a permanent employment contract by temporary-work agency and assigned to a user undertaking under a "staff leasing" contract (i.e. a contract between user and temporary-work agency permitted under Italian law for an indefinite period) would not enjoy 'protection mechanisms in terms of the duration of the assignment itself, given that the user is obliged under an obligation with the temporary-work agency only for the duration agreed upon in the contract between user and agency'. In this perspective, 'staff leasing' would not exclude precariousness, which would only be prevented by a guarantee of continuity of employment in economic and professional terms. The study discusses the subject of staff leasing from the perspective of European Union law in order to ascertain whether the same formal and temporal constraints need to be applied in the case of permanent staff leasing as in the case of temporary employment.
- Price: 5.00 €
STATUL ȘI SERVICIUL PUBLIC: IMPLICAȚII ȘI INTEROGAȚII
STATUL ȘI SERVICIUL PUBLIC: IMPLICAȚII ȘI INTEROGAȚII
(THE STATE AND PUBLIC SERVICE: IMPLICATIONS AND INTERROGATIONS)
- Author(s):Verginia Vedinaș, Ioan Laurențiu VEDINAȘ
- Language:Romanian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law
- Page Range:37-48
- No. of Pages:12
- Keywords:public service; state; public authorities; private agents; authorization; licensing, society;
- Summary/Abstract:Through this study, we aim to analyze the role that the state plays in the provision of public services in contemporary society. The trend that is felt in all states, including in Romania, is that of the transfer to the private sector of all public services, a process also known as the privatization of public services, obviously preserving those that, by their specificity, are and will remain state, such as administration of justice, defense of the country, diplomatic services. Excesses also occur in this transfer process. They materialize, on the one hand, in a particular desire to privatize everything, and on the other hand, in the loss of any control by the state over the public services that transferred them to private individuals. We appreciate that this is where the concern of the state, its institutions and the legislator should be manifested in the future. The study aims to come up with some solutions in this regard.
- Price: 5.00 €
CONSIDERATIONS REGARDING THE TAXATION OF THE RELIGIOUS CULTS IN ROMANIA
CONSIDERATIONS REGARDING THE TAXATION
OF THE RELIGIOUS CULTS IN ROMANIA
(CONSIDERATIONS REGARDING THE TAXATION
OF THE RELIGIOUS CULTS IN ROMANIA)
- Author(s):Diana Cîrmaciu
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Fiscal Politics / Budgeting, Administrative Law
- Page Range:49-56
- No. of Pages:8
- Keywords:taxation; fiscal facilities; Fiscal Code; the economy of churches in Europe
- Summary/Abstract:The subject addressed can be considered a sensitive one, but the presentation of the factual and legal situation is necessary to understand the legal fiscal relationship between the state and cults, in the context of religious freedom and general cults regime. Through our analysis, we try to contribute to a balanced debate, which is based on concrete data, on the provisions of the laws in force, but also on the knowledge of the evolution of the relations between the state and the religious cults in Romania.
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DENMARK: POLITICAL, ECONOMIC AND SECURITY OUTLOOK FROM AUGUST TO SEPTEMBER 2024
DENMARK: POLITICAL, ECONOMIC AND SECURITY OUTLOOK FROM AUGUST TO SEPTEMBER 2024
(DENMARK: POLITICAL, ECONOMIC AND SECURITY OUTLOOK FROM AUGUST TO SEPTEMBER 2024)
- Author(s):Florin Trandafir Vasiloni
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Security and defense
- Page Range:57-73
- No. of Pages:17
- Keywords:politics; security; rights; safety; reality;
- Summary/Abstract:Denmark, sovereign state, constitutional monarchy, is memeber of NATO and European Union. This paper aims to provide an overview of the political, economic and security situation in Denmark between August and September, in the zear 2024. Starting with a short regard of an explosion that took plase near the Embassy of Israel in Copenhagen, continuing with a view of the foreingn policies, European affaires and security issues of Denmark. The paper has an aproach of the domestic politics in Denmarc, along with economic, social and public safety. The issue of revealing the nationality of the suspects under investigation, Rwanda Asylum Center project and the problem of using facial recognition technology are also being decripted.
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CZECH REPUBLIC'S PROGRESS IN THE DIGITAL DECADE: ACHIEVEMENTS AND OPPORTUNITIES
CZECH REPUBLIC'S PROGRESS IN THE DIGITAL DECADE: ACHIEVEMENTS AND OPPORTUNITIES
(CZECH REPUBLIC'S PROGRESS IN THE DIGITAL DECADE:
ACHIEVEMENTS AND OPPORTUNITIES)
- Author(s):Sibilla Buletsa, Olesya Chepys, Taisiia Chepys
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Security and defense, EU-Approach / EU-Accession / EU-Development, ICT Information and Communications Technologies, EU-Legislation
- Page Range:74-85
- No. of Pages:12
- Keywords:digitalization; technology; law; Chech republic; education; decision; European Union; eMatrika
- Summary/Abstract:Digitalization streamlines operations in several industries, such as banking and public administration, enhances the velocity and effectiveness of transactions, and facilitates the emergence of novel modes of digital communication. The digitisation of bureaucratic processes has the potential to impact various sectors in both the public and commercial domains. Nevertheless, it is certain that Czech Republic efficiently and promptly is transitioning towards digital technology and whether it possesses sufficient legislative adaptability to embrace these developments. This essay aims to elucidate the primary process of digitalisation in the Czech Republic and analyse the new legislation in this domain. It is imperative that the advantages of digitalisation are made available to all members of society, particularly those who are most susceptible to harm or disadvantage. In order to secure equal chances for all, it is imperative to not only prioritise the development of fundamental and advanced digital skills, but also to implement corresponding measures. The European Union must prioritise the urgent resolution of the severe scarcity of ICT professionals, particularly in the domains of cyber security, artificial intelligence, and quantum technologies.
- Price: 5.00 €
THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN CRIMINAL PROCEEDINGS: LEGAL REGULATION IN THE EUROPEAN UNION
THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN CRIMINAL PROCEEDINGS: LEGAL REGULATION IN THE EUROPEAN UNION
(THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN CRIMINAL PROCEEDINGS: LEGAL REGULATION IN THE EUROPEAN UNION)
- Author(s):Iryna Chernychenko
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, Criminal Law, ICT Information and Communications Technologies, EU-Legislation
- Page Range:86-95
- No. of Pages:10
- Keywords:Artificial intelligence; criminal proceedings; electronic justice; regulatory framework; European Union.
- Summary/Abstract:The wave of digital transformation in society has a significant impact on the judicial systems of the countries around the world. Acknowledging the increasing importance of artificial intelligence used at the service of the efficiency and quality of justice, the regulatory framework of the European Union is analyzed in the article. Acts are analyzed in chronological order, starting with Recommendation on electronic democracy (e-democracy), that was adopted by the Committee of Ministers of the Council of Europe on 18 February 2009 and ending with Artificial Intelligence Act, that came into force on 1 August 2024.
- Price: 5.00 €
SOCIETY BETWEEN HARMONY AND DYSTOPIA
SOCIETY BETWEEN HARMONY AND DYSTOPIA
(SOCIETY BETWEEN HARMONY AND DYSTOPIA)
- Author(s):Horea Oprean
- Language:Romanian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Social differentiation, Social Theory, Sociology of Law
- Page Range:96-102
- No. of Pages:7
- Keywords:society; utopia; dystopia; harmony;
- Summary/Abstract:The utopia that appeared as the title of Thomas Morus's book in 1517 and continued by Tommaso Campanella in 1602 in the work Cetatea soarelui spoke of an ideal, perfect society that does not exist. Utopia means the place that is nowhere to be found and probably never will be. If I had to think about it, true harmony can exist in dystopia or dictatorship and especially in chaos. As you know, although dystopia is defined as the opposite of utopia, I cannot agree with this comparison.
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PREVENIREA COMPORTAMENTELOR DEVIANTE LA PERSOANELE CU DIZABILITĂȚI MINTALE
PREVENIREA COMPORTAMENTELOR DEVIANTE
LA PERSOANELE CU DIZABILITĂȚI MINTALE
(THE PREVENTION OF DEVIANT BEHAVIORS IN
PEOPLE WITH MENTAL DISABILITIES)
- Author(s):Emilian Ban
- Language:Romanian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Psychology, Behaviorism, Sociology of Law
- Page Range:103-113
- No. of Pages:11
- Keywords:intellectual disability; adolescent; deviant behaviour; behavioural disorder; mechanisms; factors
- Summary/Abstract:The family is one of the most intimate social realities for us. It is perhaps the most familiar social phenomenon. In all societies people start families, although often these families are different from the type of family we are used to today. Defining more affectively than rationally, any individual could say what a family is, this being possible due to the fact that every person has had to deal with families in the course of his life, be it the family he was born into, by his own family, or by those in the community where he lives. The family is one of the most widespread types of social groups and despite this, the attempt to define it is not at all easy, but, on the contrary, the great diversity of family types that have succeeded each other over time or that coexist in societies contemporaries, requires finding some common characteristics. In these conditions, the role of the family in the process of raising and educating children is a decisive one. Unfortunately, modern and postmodern society brings with it major problems in this chapter as well. Disorganized families, families „built”on unhealthy principles were the basis for the development of deviant and delinquent behaviors among children and young people. Under these conditions, can the family and the concept of family stop the growth of this scourge? What (more) is the role of the family in the process of raising and educating children... these are some questions that we will try to find an answer to in this study.
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ABOUT THE NECESSITY OF RECOGNIZING AND APPLYING THE PRESUMPTION OF INNOCENCE IN THE MATTER OF RESTRICTION OF THE NON-FUNDAMENTAL RIGHTS
ABOUT THE NECESSITY OF RECOGNIZING AND APPLYING THE PRESUMPTION OF INNOCENCE IN THE MATTER OF RESTRICTION OF THE NON-FUNDAMENTAL RIGHTS
(ABOUT THE NECESSITY OF RECOGNIZING AND APPLYING THE PRESUMPTION OF INNOCENCE IN THE MATTER OF RESTRICTION OF THE NON-FUNDAMENTAL RIGHTS)
- Author(s):Călin Berar
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law
- Page Range:114-128
- No. of Pages:15
- Keywords:presumption of innocence; fundamental rights; criminal trial; Constitution; restriction;
- Summary/Abstract:The presumption of innocence is known as a fundamental principle in criminal trial, but in the modern law, due to its importance, the presumption of innocence is perceived as a subjective civil right. It applies to fundamental rights, while the matter of non-fundamental rights is excluded from the application of the principle. However, we will try to demonstrate the need to apply the presumption of innocence in this matter as well, because if they are restricted for a long period of time, without the possibility of requesting their revocation and after an unfair procedure the presumption of innocence is defeated.
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CRITICAL ANALYSIS OF THE PROVISIONS OF GEO 62/2024 IN WHAT REPRESENTS THE RESOLUTION OF CASES BROUGHT BEFORE THE COURT WHOSE OBJECT IS THE CLAIM OF SALARY RIGHTS
CRITICAL ANALYSIS OF THE PROVISIONS OF GEO 62/2024 IN WHAT REPRESENTS THE RESOLUTION OF CASES BROUGHT BEFORE THE COURT WHOSE OBJECT IS THE CLAIM OF SALARY RIGHTS
(CRITICAL ANALYSIS OF THE PROVISIONS OF GEO 62/2024 IN WHAT REPRESENTS THE RESOLUTION OF CASES BROUGHT BEFORE THE COURT WHOSE OBJECT IS THE CLAIM OF SALARY RIGHTS)
- Author(s):Cosmin Cernat
- Language:English
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Civil Law, Labor relations, Labour and Social Security Law
- Page Range:129-145
- No. of Pages:17
- Keywords:legal labor relations; salary; individual labor conflict; increases; suspensive effect; prior legal issue.
- Summary/Abstract:The Government of Romania, through an emergency ordinance-type normative act, imposes on all contentious or labor litigation courts the obligation to suspend all pending lawsuits that have as their object salary rights such as increases and increments. At the same time, the courts are obliged by the same normative act to refer the ICCJ to the resolution of some legal issues so that the courts can resolve these disputes in a unitary way and thus avoid a legal practice in non-unitary matters and with different solutions.
- Price: 5.00 €
ASPECTE PRIVIND NOTAREA POSESIEI ÎN CARTEA FUNCIARĂ
ASPECTE PRIVIND NOTAREA POSESIEI ÎN CARTEA FUNCIARĂ
(ASPECTS REGARDING THE REGISTRATION OF POSSESSION IN THE LAND REGISTER)
- Author(s):Ioana Georgiana Mihnea
- Language:Romanian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Civil Law, Public Administration, Public Law
- Page Range:146-160
- No. of Pages:15
- Keywords:property right; notation of possession; the land book; systematic registration in the land register; acquiring the right of ownership;
- Summary/Abstract:The regulation of the institution of notation in the land register appeared in the context of the modernization of the cadastral and real estate advertising system. although it was intended to be an institution that would create benefits for both landowners, who did not hold land titles, and state institutions, the recording of possession became a source of disputes and litigation over private property rights.
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SELF-FINANCING OF COMPANIES: LEGAL APPROACH AND APPLICABILITY IN FINANCIAL MANAGEMENT
SELF-FINANCING OF COMPANIES: LEGAL APPROACH AND APPLICABILITY IN FINANCIAL MANAGEMENT
(SELF-FINANCING OF COMPANIES: LEGAL APPROACH AND APPLICABILITY IN FINANCIAL MANAGEMENT)
- Author(s):Sergiu Paiusan, Luminiţa Păiuşan, Ștefania Amalia Nicoară
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Law on Economics
- Page Range:161-187
- No. of Pages:27
- Keywords:self-financing; share capital increase; capital contribution; incorporation of reserves; conversion/compensation of receivables.
- Summary/Abstract:Self-financing is an essential method of internal financing through which companies ensure their development and continuity without resorting to external sources of capital. In addition to the operational advantages, self-financing also provides tax benefits and contributes to the increase in the value of the share capital and the stock market value in the case of listed companies. This article explores the concept of self-financing, both from a legal and financial management point of view, and examines in detail the main methods of self-financing. Finally, the paper emphasizes the importance of this type of financing in managerial practice. This documentary study aims to significantly contribute to understanding and applying self-financing methods in the business environment.
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CALITATEA PROCESUALĂ A PĂRȚILOR ÎN CADRUL PROCEDURII PRIVIND ÎNCUVIINȚAREA UNOR MĂSURI DE OCROTIRE PENTRU PERSOANELE CU DIZABILITĂŢI INTELECTUALE ŞI PSIHOSOCIALE
CALITATEA PROCESUALĂ A PĂRȚILOR ÎN CADRUL PROCEDURII PRIVIND ÎNCUVIINȚAREA UNOR MĂSURI DE OCROTIRE PENTRU PERSOANELE CU DIZABILITĂŢI INTELECTUALE ŞI PSIHOSOCIALE
(THE PROCEDURAL STANDING OF PARTIES IN PROCEEDINGS RELATING TO THE ESTABLISHMENT OF CARE MEASURES FOR PERSONS WITH INTELLECTUAL AND PSYCHOSOCIAL DISABILITIES)
- Author(s):Andreea Marcela Praja
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, Sociology of Law
- Page Range:188-206
- No. of Pages:19
- Keywords:procedural quality; conditions for exercising civil action; the exception of the lack of procedural quality; legal counseling; special guardianship.
- Summary/Abstract:Standing to bring proceedings represents the identity between the person of the plaintiff and the person who is the holder of the subjective right brought to trial, respectively the identity between the person of the defendant and the person obligated within the legal relationship brought to trial. We must determine the persons who have standing recognized by law to apply to the court in order to protect the interests of a person by establishing judicial advice or special guardianship. This condition for exercising the civil action is to be analyzed in relation to the legislative amendments brought by Law 140/2022 on some protection measures for persons with intellectual and psychosocial disabilities.1
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THE NEED FOR DIRECTIVE 2019/1152/EEC OF THE EUROPEAN COUNCIL AND THE EUROPEAN PARLIAMENT IN RELATION TO ITS PREDECESSOR DIRECTIVE 91/533/EEC (I)
THE NEED FOR DIRECTIVE 2019/1152/EEC OF THE
EUROPEAN COUNCIL AND THE EUROPEAN PARLIAMENT IN RELATION
TO ITS PREDECESSOR DIRECTIVE 91/533/EEC (I)
(THE NEED FOR DIRECTIVE 2019/1152/EEC OF THE
EUROPEAN COUNCIL AND THE EUROPEAN PARLIAMENT IN RELATION
TO ITS PREDECESSOR DIRECTIVE 91/533/EEC (I))
- Author(s):Gabriela Petruţa Ştirbu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:207-216
- No. of Pages:10
- Keywords:obligation to inform; form of communication; proof of contract; transposition of the directive; worker
- Summary/Abstract:Directive 2019/1152/EEC of the Council and the European Parliament on the transparency and predictability of employment relationships was adopted to improve transparency in the EU labour market. It had to be transposed into national legislations by 1 August 2022, but two years after the deadline, not all Member States complied. The Directive was necessary following the analyses on the application of Directive 91/533/EEC, which obliged employers to inform employees about the essential conditions of the employment contract. It has been implemented with significant variations between Member States, resulting in unequal employee protection and influencing the coherence of the European labour market. This research aims to analyze the needs that led to the adoption of Directive 2019/1152/EEC.
- Price: 5.00 €
MANAGEMENT AND CORPORATE GOVERNANCE: CONCEPTUAL ANALOGIES AND DIFFERENCES
MANAGEMENT AND CORPORATE GOVERNANCE:
CONCEPTUAL ANALOGIES AND DIFFERENCES
(MANAGEMENT AND CORPORATE GOVERNANCE:
CONCEPTUAL ANALOGIES AND DIFFERENCES)
- Author(s):Anamaria Tohatan
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Sociology, Management and complex organizations, Law on Economics
- Page Range:217-234
- No. of Pages:18
- Keywords:Corporate Governance; Management; Organizational management; Stakeholders J.E.L. classification
- Summary/Abstract:This article proposes an approach to the concept of management and corporate governance by highlighting the analogies between the terms. It is not intended to be an exhaustive study, but only a reflection of some aspects related to the obvious similarities and differences. If management consists in the process of leading, organizing and directing all organizational structures, with the aim of obtaining the best results on the market, corporate governance is defined as the system by which the company is managed and controlled. Good corporate governance should sufficiently motivate management and the board of directors to achieve objectives of interest to the company and its shareholders, and facilitate effective monitoring.
- Price: 5.00 €
REGIMUL SEPARAȚIEI DE BUNURI ÎN SISTEMUL DE DREPT ROMÂNESC
REGIMUL SEPARAȚIEI DE BUNURI ÎN SISTEMUL DE DREPT ROMÂNESC
(THE SEPARATE PROPERTY REGIME IN THE ROMANIAN LAW SYSTEM)
- Author(s):Alexia Lois Balaș
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:235-249
- No. of Pages:15
- Keywords:matrimonial property regime; co-ownership; liabilities; liquidation
- Summary/Abstract:The present article addresses a highly relevant topic by theoretically analyzing, with valuable references, the regime of the separation of assets in marriage, highlighting the legal and patrimonial implications. It discusses aspects related to exclusive ownership, personal debts, and methods of dissolving this matrimonial regime. The matrimonial regime consists of a set of legal norms that regulate the patrimonial relationships between spouses and their relations with third parties during the course of marital life, based on the marriage itself. The separation of assets regime is a conventional one, where each spouse retains exclusive ownership of the assets acquired before and during the marriage. Although it provides greater patrimonial independence and protection in the face of financial risks, this regime can disadvantage the spouse with more limited financial resources, often being perceived as a regime of distrust. The separation of assets regime ensures each spouse's patrimonial independence, meaning that assets acquired before and during the respective marriage remain the exclusive property of the respective partner. In the event of liquidation, each spouse retains their own assets, and a participation claim may be established to balance patrimonial differences, based on the net assets acquired. Additionally, each spouse’s debts are personal, except for those related to common marital expenses and child-rearing.
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ÎNCHEIEREA CĂSĂTORIEI ÎN SISTEMUL DE DREPT ROMÂNESC
ÎNCHEIEREA CĂSĂTORIEI ÎN SISTEMUL DE DREPT ROMÂNESC
(CONCLUSION OF MARRIAGE IN THE ROMANIAN LEGAL SYSTEM)
- Author(s):Andreea-Nicoleta Cionca
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:250-269
- No. of Pages:20
- Keywords:marriage; family; formalities; conditions;
- Summary/Abstract:According to art. 259 Civil Code, marriage is the freely consented union between a man and a woman, concluded under the terms of the law.There are certain conditions that must be met for the marriage to be valid. These conditions are provided in the Civil Code and are classified into substantive conditions and formal conditions. Through the analysis of this theme, I aim to deepen these substantive and formal conditions regarding the conclusion of marriage in the current regulation as well as the current provisions regarding these conditions. These conditions have undergone some changes in recent years, an important example would be the fact that in the previous regulation, art. 276 Civil Code, entitled "alienation and mental debility", forbade the mentally insane and the mentally debility to marry, and currently is allowed the marriage of a person who suffers from a deterioration of mental faculties and who benefits from special guardianship or judicial advice. Currently, non-compliance with art. 276 Civil Code does not constitute a cause of absolute or relative nullity of the marriage.
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ANALIZA PROCEDURII ADOPȚIEI INTERNE ÎN SISTEMUL DE DREPT ROMÂNESC
ANALIZA PROCEDURII ADOPȚIEI INTERNE ÎN SISTEMUL DE DREPT ROMÂNESC
(AN ANALYSIS OF THE INTERNAL ADOPTION PROCEDURE IN THE ROMANIAN LAW SYSTEM)
- Author(s):Ioana-Andreea Irina, Maria-Mirabela Irina
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:270-282
- No. of Pages:13
- Keywords:adoption; adopted; the best interest of the child;
- Summary/Abstract:Adoption is a legal operation through which the link of filiation is created between the adopter and the adopted, as well as kinship links between the adopted and the adopter's relatives. Adoption in Romania is regulated by Law no. 273 of 2004 regarding the adoption procedure, amended and suppleented with subsequent amendments and supplements, completed with Law no. 272 of 2004 on the protection and promotion of children's rights. Internal adoption is the adoption in which both the adopter or the adopting family and the adopted have their habitual residence in Romania. In order for internal adoption to be concluded legally, certain substantive conditions must be met regarding the adopted person and regarding the adopting person or the adopting family, in terms of form and there must be no impediments to the adoption. The substantive conditions regarding the adopted person refer to the fact that the adoption must be approved in the best interest of the child; at the age of the adopted [according to art. 455 para. (1) Civil Code, "the child can be adopted until the acquisition of full exercise capacity"'', to the fact that the adopted child is deprived, temporarily or permanently, of the protection of thenatural parents or, in order to protect his interests, cannot be left in their care (art. 44 of Law no. 272/2004, and art. 454 para. (1) Civil Code); with the consent of the adopted, if he has reached the age of 10, provided by art. 15 of Law no. 273/2004 and art. 463 para. (1) lit. b) Civil Code and the consent of the natural parents or, as the case may be, of the child's guardian, provided by art. 463 para. (1) Civil Code. The substantive conditions regarding the adopting person or the adopting family are as follows: the adopter or the spouses in the adopting family must have full legal capacity, a condition provided by art. 459 Civil Code; the age of the adopter (according to art. 460 Civil Code, "the adopter must be at least 18 years older than the adopted); the ability to adopt, this being required by art. 13 of the Adoption Law and art. 461 Civil Code and the adoption consent of the adopter [art. 16 of Law no. 273/2004 and art. 463 para. (2) lit. c) Civil Code]. The formal conditions are the acts fulfilled during the domestic adoption. The impediments to adoption are the following: the impediment to the separation of siblings by adoption; the impediment resulting from kinship; the impediment deriving from being a spouse or ex-spouse; the impediment resulting from a mental illness or mental handicap and the impediment to simultaneous or successive adoptions and adoptions by persons of the same sex.
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RUDENIA: IZVOR DE DREPTURI ȘI OBLIGAȚII ÎNTRE COPII ȘI PĂRINȚI. O ANALIZĂ SUCCINTĂ
RUDENIA: IZVOR DE DREPTURI ȘI OBLIGAȚII ÎNTRE COPII ȘI PĂRINȚI. O ANALIZĂ SUCCINTĂ
(KINSHIP: SOURCE OF RIGHTS AND OBLIGATIONS BETWEEN CHILDREN AND PARENTS. A BRIEF ANALYSIS)
- Author(s):Giulia Sarah Lazăr
- Language:Romanian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:283-290
- No. of Pages:8
- Keywords:Kinship; rights and obligations; patrimonial rights;
- Summary/Abstract:Kinship is the "nucleus" that triggers the legal relationship between children and parents. From conception to birth, the legislator established a legislative system in which the defense of fundamental human rights and freedoms recognized by the European Court of Human Rights are of particular importance. Thus, we, the people, participants in legal life, knowing this functioning mechanism, are the beneficiaries of some even patrimonial rights recognized by law. The purpose of the article is to analyze the role of kinship within the legal system, highlighting the importance of recognizing the rights and obligations arising from kinship relationships. The article aims to explore how the legislation protects these family ties and contributes to the defense and protection of the fundamental rights of the individual, highlighting the importance of kinship not only from a legal point of view, but also socially and morally
- Price: 5.00 €
REPRODUCEREA UMANĂ ASISTATĂ MEDICAL
REPRODUCEREA UMANĂ ASISTATĂ MEDICAL
(MEDICALLY ASSISTED HUMAN REPRODUCTION)
- Author(s):Alexandra Voicu
- Language:Romanian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Sociobiology
- Page Range:291-301
- No. of Pages:11
- Keywords:artificial reproduction; affiliation; fertilization; biological; embryo; science; child;
- Summary/Abstract:Medically assisted human reproduction, is one of the extravagances of scientific research, and for our contemporary society launch interdisciplinary challenges, which brings together- in debate and decision plan- medical community, servants of ethics and religions, social sciences, in a frame that could not and, most important, should not ignore the law. Medically assisted human reproduction is those clinical and biological practices that allow conception, outside of human body, in a controlled environment: in vitro, embryo transfer and artificial insemination. At the same time, in vitro fertilization, it’s not itself a human reproduction method, it’s the name for the process through which the woman egg is fertilized, extracorporeal; therefore, IVF is necessary completed by the transfer of the pre-embryo in the woman’s body.
- Price: 5.00 €
