Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more.
  • Log In
  • Register
CEEOL Logo
Advanced Search
  • Home
  • SUBJECT AREAS
  • PUBLISHERS
  • JOURNALS
  • eBooks
  • GREY LITERATURE
  • CEEOL-DIGITS
  • INDIVIDUAL ACCOUNT
  • Help
  • Contact
  • for LIBRARIANS
  • for PUBLISHERS

Content Type

Subjects

Languages

Legend

  • Journal
  • Article
  • Book
  • Chapter
  • Open Access
  • Law, Constitution, Jurisprudence

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Result 51901-51920 of 68837
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 2595
  • 2596
  • 2597
  • ...
  • 3440
  • 3441
  • 3442
  • Next
THE MAJOR MODIFICATIONS OF LEGAL PROVISIONS OF THE CYBERCRIME OFFENCES MADE BY THE LEGISLATOR IN THE PROCESS OF IMPLEMENTATION OF THE NEW CRIMINAL CODE
4.50 €
Preview

THE MAJOR MODIFICATIONS OF LEGAL PROVISIONS OF THE CYBERCRIME OFFENCES MADE BY THE LEGISLATOR IN THE PROCESS OF IMPLEMENTATION OF THE NEW CRIMINAL CODE

Author(s): Gheorghe Iulian Ioniţă / Language(s): Romanian Issue: 01/2014

The implementation of the new Criminal Code caused a true work of revising the incriminations norms under special laws. Regarding cybercrime offences, through the implementation of the new Criminal Code, the legislator made some changes of legal provisions. The author highlights these changes, and presents some point of views for easier understanding of controversial issues.

More...
HISTORICAL DECISION OR DANGEROUS PRECEDENT? - CRIMINAL SENTENCING OF THE NATIONAL ITALIAN COMMISSION EXPERTS WITH “MAJOR RISKS”
4.50 €
Preview

HISTORICAL DECISION OR DANGEROUS PRECEDENT? - CRIMINAL SENTENCING OF THE NATIONAL ITALIAN COMMISSION EXPERTS WITH “MAJOR RISKS”

Author(s): Mădălina-Cristina Putinei,Nicolas Queloz / Language(s): English Issue: 01/2014

In October 2012, the Criminal Court of Aquila (Italy) convicted the seven experts of the Commissione nazionale per la previsione e la prevenzione dei grandi rischi, following the earthquake that took place on 6 April 2009 in the Aquila city and region, resulting in the death and injury of several persons. The authors propose a synthesis of this large-scale judgment – whose core is given by the analysis of the causal link – as well as a critical review of the sentence, which they describe as "a historical decision" and "a dangerous precedent". The object of this (short) review is the decision of the Criminal Court of Aquila dating from 22 October 2012 (the first instance), which contains 943 pages and regards the criminal liability of the seven experts of the Commissione nazionale per la previsione e la prevenzione dei grandi rischi, in the context of the earthquake occurring on 6 April 6 2009, strongly affecting the city of Aquila and the surrounding region2.

More...
THE IMPORTANCE OF THE LEGAL PHOTOGRAPH IN FORENSIC FIRE SCENE INVESTIGATION
4.50 €
Preview

THE IMPORTANCE OF THE LEGAL PHOTOGRAPH IN FORENSIC FIRE SCENE INVESTIGATION

Author(s): Gheorghe Popa / Language(s): English Issue: 01/2014

This paper tries to draw the attention of the judicial authorities to the importance of the legal photograph in the fire investigation, and especially to the methodology and tactical rules applied when performing it. At the same time, it offers practical solutions to fixate the fire outbreak and fire marks that have a fundamental role in establishing the cause and circumstances of the fire occurrence. It also shows in a descriptive manner the main technical means that can be used in taking photographs when performing forensic fire scene investigation, with particular emphasis on the electronic and optical systems that facilitate operating and obtaining three-dimensional spherical images, as well as making measurements where these are impossible to obtain through metric methods at the fire scene.

More...
THE RELATIONSHIP BETWEEN CONSTITUENT POWER AND NATIONAL SOVEREIGNTY SOME THEORETICAL CONSIDERATIONS
4.50 €
Preview

THE RELATIONSHIP BETWEEN CONSTITUENT POWER AND NATIONAL SOVEREIGNTY SOME THEORETICAL CONSIDERATIONS

Author(s): Andreea Ana-Maria Alexe / Language(s): English Issue: 01/2015

Constituent power is the base of modern democracy, for two main reasons, a historical and analytical one. First, the birth of the modern doctrine of popular sovereignty coincides with the conceptual advent of constituent power. From a historical point of view then, constituent power and modern democracy are intrinsically associated from their beginnings in the idiom of popular sovereignty. Secondly, there is a profound systematic and conceptual analogy between constituent power and democracy, insofar as they both describe collective acts of self-legislation and public events of self-alteration. From this elective affinity, democratic constituent politics evokes the principle of liberty as political autonomy, whereby the members of a collectivity deliberately constitute the political forms of authority in order to organize and institutionalize their common life. The addressees of the law become its authors. Hence, formulating popular sovereignty as constituent power is to affirm the basic democratic value of self-government.

More...
THE EFFECTS OF UNFAIR TERMS ON THE BINDING FORCE PRINCIPLE OF CONTRACTS
4.50 €
Preview

THE EFFECTS OF UNFAIR TERMS ON THE BINDING FORCE PRINCIPLE OF CONTRACTS

Author(s): Victor Marcusohn / Language(s): English Issue: 01/2015

Regulations regarding the unfair terms in the contracts signed by a consumer and a professional are mainly, but not entirely, found in the consumer protection law. Therefore, consumer protection law is becoming a very diverse field of law, comprising many normative acts which often offer contradictory solutions. The most important of them is Law no. 193/2000 regarding the unfair terms in the contracts signed between consumers and professionals, which transposes Directive 93/13/EEC. According to the Romanian law and doctrine in the field of consumer protection, the most important elements for a term to be considered abusive are the lack of direct contractual negotiation between the professional and the consumer, the lack of contractual balance and the total ignorance of the obligation of good faith.

More...
EUROPEAN REGULATION OF THE INSURANCE CONTRACT
4.50 €
Preview

EUROPEAN REGULATION OF THE INSURANCE CONTRACT

Author(s): Andrei Duţu / Language(s): English Issue: 01/2015

As part of the joint effort of unifying European Private Law, separate initiatives have been taken concerning individual fields of research and regulations; it is also the case of contract law, more specifically, the insurance contract, subject to an independent initiative of creating a special European regime for all insurance. Conceived as both a tool to determine the orientation of the national legal regime of insurance law of the Member States, and a possible common EU regulation, the “Innsbruck” Group’s creation stands firstly as a unique insight on a possible mean of unifying European regulations in a given field, particularized by specific dynamics. Even though it is still considered as a part of the “soft law” that has recently emerged in the European Union, the relevance of an EU common insurance contract law is still subject to analysis by the most advised specialist in this field; but the conclusions of such research are yet to offer a definite answer on the matter at hand, given that solid argument are to be found both for and against the entry into force of such a regime.

More...
SCIENTIFIC LIFE   (THE 2ND SEMESTER, 2014)
4.50 €
Preview

SCIENTIFIC LIFE (THE 2ND SEMESTER, 2014)

Author(s): Andrei Dutu-Buzura / Language(s): English Issue: 02/2014

The Legal Research Institute “Acad. Andrei Rădulescu” of the Romanian Academy, in partnership with the Global Economy Institute, with the support of the National Economy Institute, National Defense University “Carol I”, The Romanian Agency for Assuring Quality in Higher Education, the Military Technique Academy and the Osterreichish-Rumanischer Akademischer Verein Austria, as partners in the POSDRU/159/1.5/S/140106 project, have launched the research program “Horizon 2020 - Doctoral and Postdoctoral Studies: Promoting the National Interest through Excellence, Competitiveness and Responsibility in the Field of Romanian Fundamental and Applied Scientific Research”.

More...
ASSISTED HUMAN REPRODUCTION BY USING A DONOR A NOVELTY OF THE ROMANIAN LEGISLATIVE SYSTEM
4.50 €
Preview

ASSISTED HUMAN REPRODUCTION BY USING A DONOR A NOVELTY OF THE ROMANIAN LEGISLATIVE SYSTEM

Author(s): Ioana Nicolae / Language(s): English Issue: 02/2014

Medically assisted human reproduction by using a donor is one of the novelties of the new Civil Code. The social reality claimed the need to legislate medically assisted human reproduction in order to respond to the evolution of medicine and also the tendency to reduce the country’s birth rate, infertility and sterility. At the present time, the Civil Code merely set the guidelines in regulating this medical and legal procedure, but, in the future, the need to pass a special law which will clearly regulate all the aspects mentioned by specialty literature is needed. The present study wishes to discuss the main aspects regarding the medically assisted human reproduction by using a donor as well as the phrasing of some de lege ferenda suggestions.

More...
THE DECRYPTION OF LAW AS AN EXACT NORMATIVE SCIENCE USING FRACTALS
4.50 €
Preview

THE DECRYPTION OF LAW AS AN EXACT NORMATIVE SCIENCE USING FRACTALS

Author(s): Nasty Marian Vlădoiu / Language(s): English Issue: 02/2014

In order to be studied as a science, Law had to transit an intense process of specialization and consecration of values, values becoming thereby its object of study and specific research. Throughout time, Law has been studied from various perspectives, because of its variable geometry, being considered in continuous transformation, with a social dynamics in ascension. Most specialists agree that Law is a complex phenomenon, with a synergistic, well-defined structure, which cannot be summarized in the exegesis of some legal norms or normative texts and precedents. Therefore we ask ourselves whether the Theory of Fractals can argue the law’s character of being an exact science and implicitly natural on the one hand and, on the other hand, its nature of normative science.

More...
THE DEVELOPMENT OF MUTUAL ASSISTANCE OF EU MEMBER STATES FOR THE RECOVERY OF PUBLIC CLAIMS
4.50 €
Preview

THE DEVELOPMENT OF MUTUAL ASSISTANCE OF EU MEMBER STATES FOR THE RECOVERY OF PUBLIC CLAIMS

Author(s): Jan Olszanowski,Wojciech Piątek / Language(s): English Issue: 02/2014

The issue of the effective enforcement of public obligations is of the essence in case of the increasing migration of people to various directions, as well as the intensifying flow of international capital. For these reasons it was necessary to establish legal frames for the assistance between the EU member states for the recovery of public claims. The main purpose of the work was to show the development of recovery of public claims of EU member states for the recovery of public claims. First part of work shows short historical outline of European regulations concerning international mutual assistance for the recovery of public claims. The main part of work concentrates on current legal frames of forms of mutual assistance. Current EU regulations retains three forms of mutual assistance the provision of information by one member state, notification of an interested party or other persons of legal acts, and enforcement or indemnification of public claims. The most significant form of mutual assistance specified as the fundamental one is the assistance for the recovery of claims. A wider analysis of the discussed issue shows that international mutual assistance of the member states for the recovery of public claims will further deepen.

More...
GENERAL ASPECTS IN THE FIELD OF COMPETITION PROCEDURE
4.50 €
Preview

GENERAL ASPECTS IN THE FIELD OF COMPETITION PROCEDURE

Author(s): Ovidiu Horia Maican / Language(s): English Issue: 02/2015

Competition rules applicable to undertakings are the most important rules of the Community competition law. They present a direct effect and apply primarily to enterprises. But even the Member States must take into account these rules and should not favor prohibited behaviors. Prohibition of agreements restricting competition, abuse of dominant position, merger control and state aid are the pillars of European law (EU) competition.

More...
SPECIFIC FEATURES OF THE SETTLEMENT OF DISPUTES AMONG STATES WITHIN INTERNATIONAL ECONOMIC ORGANIZATIONS. LEGAL MEANS OF PEACEFUL SETTLEMENT OF DISPUTES
4.50 €
Preview

SPECIFIC FEATURES OF THE SETTLEMENT OF DISPUTES AMONG STATES WITHIN INTERNATIONAL ECONOMIC ORGANIZATIONS. LEGAL MEANS OF PEACEFUL SETTLEMENT OF DISPUTES

Author(s): Andrei Grimberg / Language(s): English Issue: 02/2015

The study is focused on a very important and sensitive matter – the one which concerns the disputes among states. The research begins with the definition of the international dispute in order to indicate the framework of the analysis and indicates the main characteristics of it. The study continues with a presentation of The Principle of Peaceful Resolution of International Disputes and points some specific features of the settlement of disputes among states arising within international economic organizations.

More...
EUROPEAN (CRIMINAL) LAW V. NATIONAL (CRIMINAL) LAW – A TWO WAY STREET
4.50 €
Preview

EUROPEAN (CRIMINAL) LAW V. NATIONAL (CRIMINAL) LAW – A TWO WAY STREET

Author(s): Norel Neagu / Language(s): English Issue: 02/2015

European criminal law is an emerging field, both influencing and being influenced by national criminal law. European (criminal) law draws its roots from constitutional principles stemming from common traditions of the Member States. Also, European Union instruments are highly influential over national criminal law, through policy making, legislative instruments and interpreting case law. One can imagine European versus national criminal law as a two way street, where each turn of one of the traffic participants shall necessarily influence the other one.

More...
INTERNATIONAL LETTER ROGATORY IN THE ROMANIAN CRIMINAL LAW
4.50 €
Preview

INTERNATIONAL LETTER ROGATORY IN THE ROMANIAN CRIMINAL LAW

Author(s): Bogdan Micu / Language(s): English Issue: 02/2015

The present study deals with the international judicial cooperation in criminal matters, particularly with the letter rogatory as a form of mutual assistance between the states. The study indicates that the cooperation instrument named “letter rogatory” observes the basic principles of judicial cooperation but also includes particularities derived from its specifics. Particularly, the international letter rogatory is regulated differently depending on the legal instruments ratified by the respective state.

More...
L'ENGAGEMENT UNILATÉRAL
4.50 €
Preview

L'ENGAGEMENT UNILATÉRAL

Author(s): Adina Buciuman / Language(s): French Issue: 01/2016

L’étude se propose l’analyse du potentiel créateur d’obligations juridiques de l’engagement unilatéral. Variante de l’acte de formation unilatérale, l’engagement unilatéral est défini comme la manifestation unilatérale de volonté faite en vue de la création d’une obligation juridique contre son auteur. Même si la définition est rapportée à celle du contrat, acte de formation bilatérale, elle ne permet pas la visualisation de l’engagement unilatéral par une simple réduction à l’unité des règles qui gouvernent la matière contractuelle. L'une des questions les plus épineuses du droit des obligations, la reconnaissance du potentiel générateur d'obligations de l'engagement unilatéral, se construit à l'ombre de la plus vaste problématique des valences juridiques de la volonté. À une époque qui établit comme desideratum l'unification des modèles ou, du moins, de l'identification de la meilleure solution, dans une législation moderne, ouverte même à l'abandon de traditions de siècles, il s'impose d'étudier le problème au niveau de ses fondements. L’ouvrage présente les prémisses historico-philosophiques des deux orientations opposées, qui caractérisent les deux grands systèmes juridiques continentaux, français et allemand, quant au rôle de la volonté dans la production des effets de droit. Le degré d’importance reconnue à la volonté interne, réelle, respectivement à la volonté déclarée, extériorisée, conduit aux visions différentes sur l’admissibilité de l’engagement unilatéral comme source d’obligations : réticence ou même hostilité dans le droit français, respectif faveur de principe dans le droit allemand. L’analyse comparatiste conclu que, au niveau des solutions pratiques, les deux systèmes ne sont en réalité si différents. Le Code civil roumain de 2009 suggère un grand saut vers la modernité, car il paraît admettre avec valeur de principe la force obligatoire de l’engagement unilatéral. L’auteur critique sans hésitation une telle solution, en soutenant que la seule interprétation admissible en vue d’assurer la cohérence du système juridique est celle conformément à laquelle le texte de l’art. 1327 du Code civil 2009 ne fait qu’énoncer la possibilité que, dans les cas prévus par la loi, la volonté unilatérale puisse participer à la création des obligations contre son émetteur. La naissance d’une obligation reste cependant toujours tributaire à l’existence d’une norme juridique. Elle peut être soit une norme de droit positif, qui détermine les conditions dans lesquelles l’auteur de la manifestation unilatérale de volonté peut être obligé à effectuer une prestation, soit une norme de droit naturel, l’obligation naturelle, que l’engagement unilatéral transpose dans l’ordre du droit positif, en lui donnant ainsi caractère obligatoire. La solution proposée est soutenue aussi avec des arguments de technique juridique. L’ouvrage fait l’analyse des mécanismes juridique véhiculés pour illustrer la transformation de l’obligation naturelle en obligation civile, pour conclure que l’engagement unilatéral est le seul adéquat en ce sens. La juridicité de l’obligation naturelle préexistante fait que l’engagement unilatéral se limite ici aussi à un rôle attributif d’efficacité juridique, ce qui l’exclut de la catégorie des sources créatrices d’obligations juridiques.

More...
THE AGGRESSION OF ELECTIVE AUTOCRACY OVER PARLIAMENTARY DEMOCRACY
4.50 €
Preview

THE AGGRESSION OF ELECTIVE AUTOCRACY OVER PARLIAMENTARY DEMOCRACY

Author(s): Ioan Alexandru / Language(s): English Issue: 01/2016

We must admit that Democracy is one of the words that started to lose their initial meaning due to the over - use within the political language and not only there, and thus we might say that many times has it become an empty word, almost meaningless. It is enough to follow, within mass media, one the one hand, the manner of parliamentary activities and, on the other hand, to notice the important and frequent protests all around the world, but more often in Europe and Latin America, by means of which one quest ions their activity and that of the governments and where one can see special police forces, Molotov cocktails, tear gas and all other repressive materials. To easily understand what is going on, I have analyzed the concept of democracy by opposition to other three concepts of dichotomic political regimes: autocracy, dictatorship, communism and fundamentalism.

More...
PATRIMONIES BY APPROPRIATION AND THE PERSONALIST THEORY OF PATRIMONY
4.50 €
Preview

PATRIMONIES BY APPROPRIATION AND THE PERSONALIST THEORY OF PATRIMONY

Author(s): Luminiţa Tuleaşcă / Language(s): English Issue: 02/2016

This study aims to determine the legal nature and characteristics of patrimonies by appropriation and the impact of such important matters regarding the legal regime of patrimonies by appropriation on the subjectivist (or personalist), classical theory of patrimony. We start from the idea that the patrimony by appropriation should be perceived as a new creation, with different characteristics than the ones of the “parent patrimony”. To accept this idea means to open new ways in the approach of the patrimony by appropriation and the issues debated hereby. We will reach our goal through the answers to the following questions: Is patrimony an asset? What about the patrimony by appropriation? Does the patrimony by appropriation reproduce the genetic code of the general patrimony or is it a new creation with a special legal regime? What are the special characteristics of the patrimonies by appropriation?

More...
INTERNATIONAL COOPERATION IN THE INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL CRIME PROBLEMS AND CHALLENGES FOR THE LEGISLATIVE AND JUDICIAL AUTHORITIES
4.50 €
Preview

INTERNATIONAL COOPERATION IN THE INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL CRIME PROBLEMS AND CHALLENGES FOR THE LEGISLATIVE AND JUDICIAL AUTHORITIES

Author(s): John A.E. Vervaele / Language(s): English Issue: 02/2016

In this article we aim to verify the hypothesis that international cooperation in criminal matters will strongly rely on the national design of the regulation and enforcement of environmental law (incriminations, authorities, powers). Second, if this is the case, does it create particular problems that undermine the effectiveness of environmental protection through criminal law in this field? For answering these questions we propose to analyse, first, the relationship between the international environmental regulation and the international enforcement obligations. Second, we have to verify whether and to which extent the international norms on judicial cooperation in criminal matters relate to environmental enforcement. Finally, we will conclude with some recommendations to remedy the particular problems.

More...
PROTECTION OF THE ENVIRONMENT THROUGH CRIMINAL LAW: AN AMERICAN PERSPECTIVE
4.50 €
Preview

PROTECTION OF THE ENVIRONMENT THROUGH CRIMINAL LAW: AN AMERICAN PERSPECTIVE

Author(s): David M. Uhlmann / Language(s): English Issue: 02/2016

In this article, I consider how the United States approaches the question of what conduct is criminalized under the environmental laws and what entities should be held accountable for environmental crime. Part I of this article explains how the act and mental state requirements under American law do not impose significant limits on what conduct is criminalized. Part II of this article suggests that criminal enforcement should be reserved for cases where aggravating factors are present and summarizes my research regarding the extent to which prosecutors have focused on matters involving those aggravating factors. Part III argues that both corporations and individuals should be held accountable when criminal violations occur and asserts that criminal prosecution serves retributive, utilitarian, and expressive purposes, particularly for corporate environmental crime. I conclude that a robust criminal enforcement regime should be part of a multi-tiered enforcement scheme under the environmental laws with both corporate and individual liability.

More...
COMPARATIVE STUDY ON CLASS ACTIONS IN COMPETITION LAW INFRINGEMENTS
4.50 €
Preview

COMPARATIVE STUDY ON CLASS ACTIONS IN COMPETITION LAW INFRINGEMENTS

Author(s): Laura Lazar / Language(s): English Issue: 02/2016

Effective enforcement of competition law provisions represents a guarantee of well functioning markets. In order to achieve this, Europe used the US model and put a greater emphasis on what we name the private enforcement of competition law. Nowadays many of the EU Member States offers legal mechanisms to individuals that can claim damages for losses suffered as an effect of anticompetitive behaviours. General collective redress mechanisms (for all kind of damages suffered by consumers) are available in 16 EU Member States, while specialised collective redress mechanisms in competition matter are in force in 11 of the EU Member States. Taking into consideration this reality EU officials had a constant concern in recent years for developing uniform standards for this area at the level of the Union. The paper at hand presents the general characteristics, advantages and disadvantages of class actions in general and in competition matter, in special, followed by a short presentation of the collective redress mechanisms available in competition matter in three of the EU Member States: UK (England and Wales), Italy and Spain. Finally, the paper presents some of the major efforts made by the European legislator in the last years, in order to ensure uniformity between national legislations in what regards collective redress mechanisms in the benefit of European consumers.

More...
Result 51901-51920 of 68837
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 2595
  • 2596
  • 2597
  • ...
  • 3440
  • 3441
  • 3442
  • Next

About

CEEOL is a leading provider of academic eJournals, eBooks and Grey Literature documents in Humanities and Social Sciences from and about Central, East and Southeast Europe. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, researchers, publishers, and librarians. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. CEEOL supports publishers to reach new audiences and disseminate the scientific achievements to a broad readership worldwide. Un-affiliated scholars have the possibility to access the repository by creating their personal user account.

Contact Us

Central and Eastern European Online Library GmbH
Basaltstrasse 9
60487 Frankfurt am Main
Germany
Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

Connect with CEEOL

  • Join our Facebook page
  • Follow us on Twitter
CEEOL Logo Footer
2025 © CEEOL. ALL Rights Reserved. Privacy Policy | Terms & Conditions of use | Accessibility
ver2.0.428
Toggle Accessibility Mode

Login CEEOL

{{forgottenPasswordMessage.Message}}

Enter your Username (Email) below.

Institutional Login