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The issue of passing of risk remains one from the main aspects in international sales law. The buyer usually intends to receive the purchased item promptly; the seller on the other hand intends to deliver goods as soon as possible, because it determines how quickly he receives payment for goods sold and releases himself from other obligations towards seller. The parties may agree for any mean of transport, which can be done by any from the parties or by the third party. The main purpose of this article is an attempt to highlight interpretational differences between terms which were used by the framers of CISG and to explain that, under certain circumstances these differences may influence the transfer of risk and situation of both parties to the contract of sale.
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This article is devoted to the issue of the statutory set-off of competing claims in different currencies. At the outset, the author describes doctrine views on the legal definition of money from convertibility, which is a feature of those systems in which standard currency consists of gold, to the contemporary meaning of money. Finally, he assumes that — in the case of physical cash — the essential legal characteristic of money is the category of the unit of account. The second part of article discusses the question of homogeneity of claims expressed in different currencies. Two basic views are considered. According to one view claims expressed in different currencies generally cannot be set-off, provided that no statutory exception can be applied, such as section 358 § 1 polish civil code stating: if money debt expressed in a foreign currency is payable within the country, payment may be made in the currency of such country, unless the payment in foreign money is expressly stipulated. The author advocates the contrary view. Thus requirement of homogeneity is fulfilled when both climes are expressed in freely convertible currencies. The earliest day when the mutual creditor is able to declare set-off is decisive for applicable currency exchange rate.
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The aim of the article is to present the issue of territorial non-uniformity of law in the context of private international law and internal regulations of countries whose legal systems are non-uniform. Determining the applicable law within such countries may cause several difficulties, unable to be solved only by application of the private international law. Therefore in such situations it is necessary to apply its internal collision norms. The article presents the issue of territorial non-uniformity of law from two different perspectives. The first one consists on analyzing the matter of non-uniformity of law from the point of view of both Polish and foreign regulations of private international law. The analysis in this regard is conducted on the basis of Polish Acts on Private International Law from 2011, 1965 and 1926 as well as the EU regulations. One of the most common ways of dealing with the problem of inter-regional conflict of laws consists on that if within the country whose law is applicable there are in force several distinctive legal systems, then the law of this country shall specify which of these systems shall apply. Such solution was adopted also by the Polish Act of Private International Law from 2011. The second perspective presents the issue of territorial non-uniformity of law from the point of view of Spanish inter-regional regulations. These norms specify the applicable law within the framework of legal relations limited to Spain, however they can also apply for those legal relations which include a foreign element. In such case the norms of inter-regional law complement the norms of private international law. The article presents the rules of Spanish inter-regional law in the historical, systems and practical view. The analysis is conducted on the basis of Spanish legislation, jurisprudence and legal doctrine. Descriptive and comparative character of the article provides a comprehensive view of the issue of territorial non-uniformity of law as well as possible ways of its regulation both in Polish and foreign private international law. It also helps to answer the question of how to specify the applicable law if the Spanish law shall apply.
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In order to facilitate the cross-border activities of foundations, and to make it easier for them to support public benefit causes across the EU, the European Commission has presented a proposal for a Statute for a European Foundation. This article describes the actual progress in the legislative process concerning the European Foundation (FE). The Proposal for a Council Regulation on the Statute for a European Foundation was presented by the European Commission on 8 February 2012, and was changed significantly by the European Parliament in its resolution of 2 July 2013. After a concise presentation of the history of the legislative work on the project, the article describes the following main features of the FE: its legal character, the necessary cross-border dimension, public benefit purposes, founding assets and economic activities of an European Foundation, as well as the methods of establishing an FE and the registration requirements, the internal organisation of the FE and Member State supervision, registered office and its transfer, and, finally, the dissolution of the FE. The comparison between the rules included in the Proposal from 8 February 2012 and the changes brought by the European Parliament in its resolution of 2 July 2013 are supported by a presentation of current academic discussions concerning the creation of a European Foundation. The characteristics of a European Foundation, as set out in this article, reflect the possible shape of the new European legal form.
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This article contemplates the main principles of private international law of the United Arab Emirates issued by the Federal Law No. 5 of 1985 and subsequently amended by No.1 of 1987. The federal law is presented in the context of the legal system of the Emirates as a whole, including geopolitical and religious context. Although the basis of the legal system in the UAE are derived from Sharia Law (Islamic law) or Quranic Law, most of the legislation is comprised of a mix of Islamic and European concepts of civil law, largely originating from the Egyptian legal code established in the beginning of the 20th century. Civil law of the Emirates was generally influenced by the French legal system rather than the common law system of the UK. This article aims to introduce polish audience to the system of modern Arabic civil law, and presents a legal translation of the private international law of the United Arab Emirates.
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My objective followed in this paper is to put into evidence the social policies measures which can contribute to improving quality of life of the Romanian population. According to now general accepted definition, the quality of life is a multidimensional field and includes practically all aspects that are connected with people’s life, from various conditions in which they are leaving, to activities, perceptions, evaluations and subjective feelings (I. Mărginean, I. Precupețu, coordinators, Paradigma calității vieții, Editura Academiei Române, 2011). The level of quality of life of individuals, groups and communities depends on many factors starting with what a person and his/her family, communities are doing, and ending with public policies interventions, including social policy measures. The last type of interventions consists in monetary or in kind benefits and social services, and had to be making only of the second level. This means that such measures have to come into actions only when the first factor mentioned before (person and his/her family) can not achieve a desirable level of quality of life, and they maybe in connections with what it is doing in the field by communities, Associations and Organizations thru public–private partnerships. In fact, even at the starting stage of development on quality of life in the ’60 (USA Program “The Great Society”) this domain was connected with public policies on the social field – the war against poverty. In this contribution I want to continue my several analysis in the field, taking into consideration the actual stage of Romanian society development, and I will treat the topics mostly as objectives.
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In this article are illustrated the regional differences on the issues and characteristics of registered unemployment as an operational example for a socio-economic indicator, relevant for the cohesion policy. Regional differences are illustrated by “Choropleth Map” of registered unemployment classified by natural intervals Jenks at local administrative units LAU 2 (NUTS 5) in Romania, the finest level of administrative detail. By applying dasymetric detailing the values recorded at NUTS 3 level to NUTS 5 level was diminished the ecological error. We analyse extensive type indicators as it is the number of registered unemployed in 2013 and the end of June 2014, and intensive type indicators as it is the number of unemployed densities per km2 in 2013 and in June 2014. The classification technique used was the natural intervals Jenks the Arc Gis 10.2, with data provided by INS TEMPO data base. These researches results have been achieved in the Project Nucleu NP – 420115, Phase 3: Regional differences on Labour market, made in 2014, and results are used in Dynahu Project.
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After 1990, Romania privatized and restituted to the pre-communist owners its state owned housing. This led to a super-home ownership pattern and to a severe shrinking social housing sector. With thousands of people evicted and with no public investments in the social housing sector, Bucharest is among the cities with greatest number of people in Romania who need support for housing. This article offers an account of the linkages between eviction, housing restitution and the lack of involvement of the local public institution into social housing. I describe the political and administrative practices that prevent the emergence of efficient social housing programs. I move between scales, ranging from national, municipal and street dynamics, in order to describe and understand a recent case of eviction in Bucharest. With little to no support from the public authorities, more than 50 people have been living on the streets as a form of protest against Bucharest’s administration which promotes neo-liberalism and is complicit to furthering the poverty of the poor households
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The paper investigates the potential of microcredit sector in Europe, and particularly in Romania, to provide support for vulnerable groups. Although at European level the microcredit sector is severely undeveloped, in Romania it has a great potential for development under social economy sector. The credit cooperatives and the non-banking financial institutions demonstrated during the last years, particularly under the economic turbulence period, their competitive advantages in addressing categories that are usually avoided by traditional loaning entities. The mutual aid associations, both for employees and for retired people, although do not provide microcredits, their lending activity has a significant impact, and they have a good potential to expand their activity in microcredit area. For this analysis have been used data from European reports and research projects conducted by RIQL, focused on evaluation of social economy sector, for analyses of social economy entities involved in providing loans to the potential vulnerable groups in order to evaluate their potential to develop their activities in this regard. Another evaluated aspect is the efficiency of European Structural Funds or other specific European instruments (like Jasmine and Jeremie) in supporting the sector development and its focus on social component. The article lists in its end the main weaknesses of the microcredit sector at European and national1 level.
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In this paper a general view over literature reviews is given, as well as a short description of the possibilities of two of the current bibliographical referencing softwares available, EndNote and Mendeley. I argue that unlike other types of literature reviews, a critical literature review cannot be undertaken by writing notes and using the search engines of bibliographical referencing softwares, but by focusing on a judgment structure which evaluates the theoretical background of the papers, their assumptions and one that provides a logical structure of the paper. Such a judgment structure is likely to be used across many fields in the social sciences. The proposed judgment structure has been provided based on its applications in two different fields from the social sciences.
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Even though Portugal appears as a relatively unified country without ethnic minorities, shifting borders or disruptions in national continuity, the contemporary condition of Portugal's collective identity might be described as "unstable." This instability is caused by a peculiar suspension between the recollection of a past project on the one hand and the awareness of irreducible locality and a marginalized position on the other. The dilemmas of Portuguese identity are explored on the basis of the works of four authors (Fernand Pessoa, Álvaro Campus, Eduardo Lourenço and José Saramago) who, at various moments in Portuguese history, tried to define new constituents of national identity. Those attempts, ranging from the myth of the Fifth Empire to the idea of Portugal's spiritual journey, point to the hybrid character of Portuguese identity, born at the intersection of national community and anachronic forms of self-projection which mixture may nevertheless lead to the emergence of a new form of national identity.
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