CEEOL - Browse Subjects Result

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.

REFLECȚII PRIVIND CATEGORIA „ACTELOR JURIDICE“ ÎN CONTEXTUL ACȚIUNII PAULIENE

Author(s): Nicolae FALĂ,Mihail Poalelungi / Language(s): Romanian Issue: 2/2022

The clarification of the „legal acts“ notion in the context of the Pauline action, is a topic not only of a theoretical interest, but also a practical one, that is related to the admissibility of the Pauline action The payment implies essentially a reduction of the liability, but this does not represent an actual act or a legal document of disposition in order to be declared unenforceable through Pauline action.

More...

MODALITĂȚILE DE RESTRUCTURARE CARE VIZEAZĂ REDUCEREA SAU ÎNCETAREA ACTIVITĂȚII UNEI SOCIETĂȚI

Author(s): Cristina Mihaela Nagy,Elena Doina Ghica / Language(s): Romanian Issue: 2/2022

In the current context of economic life, the conduct of companies requires increasing interest in the legal and accounting aspects These involve timely decisions regarding the restructuring operations through merger and division of companies, the dissolution, liquidation or judicial reorganization, the risk of bankruptcy, as well as situations of associates’ withdrawal or exclusion.

More...

CONSIDERAȚII PRIVIND REGLEMENTAREA PROCESUALĂ A EXPERTIZEI JUDICIARE ÎN REPUBLICA MOLDOVA ȘI ROMÂNIA

Author(s): Gheorghe Golubenco,Mihai Costea / Language(s): Romanian Issue: 2/2022

The authors of the present work analyze the evolution of the procedural regulations of the domain of judicial expertise in the Republic of Moldova and Romania in the first decades of the 21st century It is stated that nowadays in Romania the judicial expertise is part of the forensic science, while in the Republic of Moldova it is treated as an independent domain, whose purpose is to interpret theoretically the processes that take place in the practical activity of different types, classes and varieties of judicial expertise.

More...

CONSIDERAȚII GENERALE PRIVIND INFRACȚIUNEA DE TRAFIC DE PERSOANE

Author(s): Artur Airapetean,Andreia Corsei / Language(s): Romanian Issue: 2/2022

Annotation: Human trafficking is a real social phenomenon with destructive repercussions on the entire society, materialized by serious violations of human rights and freedoms, as well as the dignity or integrity of human beings This phenomenon has existed since the most remote times, being manifested especially in the form of forced labor, that is, slavery, a form that can still be found even today Although we live in such a developed society, the facts involving the trafficking of persons, minors, slaves, cells and tissues of human origin are more and more numerous If we take a simple look at the statistics made by the competent bodies regarding the number of trafficked persons, victims of such a barbaric act, we will find that it is on a continuous rise In this sense, with the passage of time, the states of the world have been concerned with finding the most suitable, but also effective measures so necessary to prevent and combat the trafficking of live meat, being outlined a series of national and international acts.

More...

GENEZA PROTECȚIEI JURIDICE ALE BUNURILOR CULTURALE ÎN TIMP DE CONFLICT ARMAT: EVOLUȚIE ȘI PERSPECTIVE (PARTEA I)

Author(s): Ilona BOTNARU / Language(s): Romanian Issue: 1/2023

Cultural goods have unfortunately always been a target for belligerent parties during armed conflicts throughout history, despite the fact that they knew very well that ensuring their protection had an imperative character, whether we refer to customary commitments, either conventional However, the reality of armed conflicts remains a harsh one although evolving legal and philosophical thinking has strongly influenced the concept of the `laws and customs` of war from the perspective of `humanizing` armed conflicts The efforts made by international actors in connecting the national and international normative framework in the matter of the protection of cultural goods to the rigors of armed conflicts have materialized in an appreciable number of agreements, documents of a different kind adopted at the international level, among which the Convention at the Hague of 1954, Additional Protocol I of 1954 and Additional Protocol II of 1999.

More...

JURISDICȚIA TRIBUNALELOR HIBRID ÎN LUMINA DREPTULUI INTERNAȚIONAL PENAL. CAZUL CAMBODJA ȘI SIERRA LEONE (PARTEA I)

Author(s): Ioan-Ciprian DOSPINOIU / Language(s): Romanian Issue: 1/2023

The idea of establishing hybrid or internationalized tribunals arose in the context of the law performance of international ad hoc tribunals of the former Yugoslavia and Rwanda in the view of several experts In addition, trough these courts an attempt was made to reach a compromise between the national criminal jurisdiction of the states and the international one Or, in the opinion of those who promoted this concept, the involvement of local experts in the examination of illegalities committed on the territory of these states could awaken greater trust on the part of society in general and the victims, especially in the act of justice, and subsequently even lead to the start of the reconciliation process of the respective societies We proposed two cases for this study, which are the most well-known - the Extraordinary Cambers for Cambodia and the Special Court for Sierra Leone.

More...

RECENZIE la lucrarea „Răspunderea statelor conform dreptului internațional“, autori Ion Diaconu, Dumitru-Adrian Crăciunescu. București: Pro Universitaria, 2023. 223 p.

Author(s): Vitalie Gamurari / Language(s): Romanian Issue: 1/2023

The work represents an attempt to answer a fundamental question for international law — determining the forms and methods of state responsibility for committed international wrongful acts.

More...

IN MEMORIAM PROFESOR ÉRIC DAVID

Author(s): Vitalie Gamurari / Language(s): Romanian Issue: 1/2023

The Great Humanist and Pacifist, Professor Éric David of ULB (Université Libre de Bruxelles), whom I had the honor to know, passed away on 31.08.2023.

More...

Conceptul intervenției umanitare în condițiile crizelor cu care se confruntă comunitatea internațională: principii, obiective, realizări

Author(s): Vitalie Gamurari,Corneliu Gușanu / Language(s): Romanian Issue: 2/2023

The humanitarian intervention concept has undergone great changes last decades, especially with disappearance of the “classical” East-West confrontation which prevents this concept implementation in practice in the pressing need context to ensure minimum functioning of the rule of law main institutions. This tendency is dictated by several factors, not only the legal nature but largely psychological, sociological and ultimately humanistic. Experts in international human rights law have noted and continue to emphasize that international law is reoriented to the natural person interest, often to the detriment of the states interests thereby influencing the very institution of international law subjects. However, the legal argumentation of the humanitarian intervention is closely related to the system functionality interpretation of international law principles, the topic that is traditionally debated between the adherents of classical “state sovereignty” and human rights concept in one form or another supranational.

More...

Aspecte privind conceptul securităţii colective în dreptul internaţional contemporan și rolul Republicii Moldova în context

Author(s): Gheorghe SULT / Language(s): Romanian Issue: 2/2023

The relevance of the topic is emphasized by the fact that the maintenance of international peace and security is one of the main tasks of modern international law, especially in the context of ongoing dramatic events and changes that threaten global security. Therefore, international cooperation in the field of collective security is important for countering threats and represents the main direction of international cooperation between states in order to create a concrete basis for confronting threats to common security. This is also relevant for the Republic of Moldova, given its neutral status, European aspirations and partnership with Euro-Atlantic security structures. Thus, the study emphasizes the importance and relevance of issues related to the maintenance of international peace and security, focusing on the need to strengthen international cooperation and integration of the Republic of Moldova into regional and global security structures in order to ensure a stable and secure environment for all international actors.

More...

Bisericile cu statut de monument istoric din R. Moldova între proprietate de stat și avere ecleziastică

Author(s): Iulian Rusanovschi / Language(s): Romanian Issue: 2/2023

The article examines the difficulties faced by religious communities under the Metropolis of Moldova (Russian Patriarchate) in their process of joining the Metropolis of Bessarabia (Romanian Patriarchate), within the context of Law no. 125/2007. The main obstacle is related to property rights over historical ecclesiastical buildings. An example is the 2003 case where the property rights of the community in Camencea were registered under the name of the Metropolis of Moldova. In 2002, the government in Chiinău adopted Decision no. 740 to prevent the legalization of the Metropolis of Bessarabia’s places of worship. The decision was challenged in the Constitutional Court, which suspended the examination of the constitutionality of the normative act.

More...

Manipularea calitativă și cantitativă a conflictelor colective de muncă și a grevelor cu ajutorul inteligenței artificiale: o abordare teoretică inter– și trans-disciplinară asupra relațiilor de muncă moderne

Author(s): Gioni Popa-Roman,Iurie FRUNZĂ / Language(s): Romanian Issue: 2/2023

In today’s context of rapid technological evolution, this article explores from a purely theoretical perspective how artificial intelligence (AI) can be used as a tool for qualitative and quantitative manipulation of collective labor disputes and strikes. Beyond the simple use of modern technologies, this article examines the theoretical and epistemological foundations of integration (IA) in the analysis and prediction of labor conflicts. A theoretical framework is proposed that combines the theory of social conflict and the theory of industrial relations with contemporary approaches in the field of artificial intelligence, thus offering a new way to conceptualize and understand the dynamics of labor relations in the global economy. In conclusion, the paper discusses the epistemological, ethical and social implications of such an interdisciplinary approach.

More...

Delimitarea acțiunii pauliene de alte metode de apărare a drepturilor subiective civile

Author(s): Nicolae FALĂ,Mihail Poalelungi / Language(s): Romanian Issue: 2/2023

The correct formulation of claims in civil actions is crucial to success in a court of competent jurisdiction. It is not only the correct legal subsumption of the case that is important, but also the choice of the appropriate method of defense of the subjective right allegedly violated. The paulian action is a method of defense of the infringed civil rights, namely the right to performance of the obligation. The paulian action is a specific method of defense in its own way. A correct understanding of this method and its limits requires its delimitation from other methods of protection of rights, such as nullity of the legal act, ineffectiveness, simulation and others.

More...

Atribuțiile specialistului criminalist în procesul penal: probleme şi soluții de reglementare

Author(s): Gheorghe Golubenco,Dragoş-Mihai Chiotici / Language(s): Romanian Issue: 2/2023

The present work deals with the problem of the activities carried out by the forensic science specialist in the process of the crime investigation. The author pays a great attention to the analysis of the responsibilities of the specialist, which are stipulated in the processual-criminal law and the departmental normative acts of the Forensic Science Service. Arguments are brought in favour of the necessity to eliminate some contradictory processual provisions as well as the necessity to specify and complete the directives that regulate the daily activity of the forensic science specialists.

More...

Analiza integrată privind neglijența medicală: de la teorie la practică

Author(s): Constantin Pisarenco / Language(s): Romanian Issue: 2/2023

In this study, the authors analyze the issue of medical negligence through the prism of philosophical, medical, and legal standards with the aim of improving the quality of healthcare and protecting patients’ rights. It is established that a multi-aspect approach allows for a deeper understanding of the problems and the development of effective methods for their resolution, aimed at protecting patients’ interests and enhancing the overall quality of healthcare. The interaction of specialists from various fields of knowledge contributes to forming a comprehensive view of the problem of medical negligence and the development of innovative approaches to its prevention.

More...

Стандарты права на защиту при предъявлении обвинения

Author(s): Lilia Stadnițki / Language(s): Russian Issue: 2/2023

The presentation of charges is one of the key stages of criminal prosecution. The right to defense as one of the elements of a fair trial is fully disclosed already at the stage of indictment. Observance of all rights of the accused and timely actions of the defense at this stage are the guarantee of fairness and legality of criminal proceedings as a whole. Not only the procedure of indictment, but also the procedural document itself — the ruling on bringing a person as an accused must meet the requirements of the law. Moldovan legislation does not enshrine the term “standards of defense”. The investigated aspect is analyzed from the point of view of normative definition of the concept of “protection”, “right to protection” both in national and international legislation.

More...

Publicitatea procesului — garanție a unui proces echitabil

Author(s): Eugeniu TROCIN / Language(s): Romanian Issue: 2/2023

The publicity of the judicial procedure is a guarantee against a secret justice and a fair trial in full accordance with the fundamental principles of any democratic society. In this article the aim is to analyze the publicity of the trial as an individual right of the accused, also as an institutional guarantee, which ensures that the administration of justice is a subject of examination by the public and contributes to law enforcement and protection of the people involved.

More...

Metavers-ul și statutul juridic al agenților inteligenți

Author(s): Irina Buzu / Language(s): Romanian Issue: 2/2023

Recent advances in artificial intelligence (AI) and the expansion of the metaverse have brought legal challenges to AI avatars, which are becoming increasingly sophisticated and autonomous. These avatars, capable of complex interactions, raise questions about their legal status and liability framework that require a paradigm shift. The article explores the legal implications of AI avatars, proposing new legal approaches to protect the rights and interests of parties involved in the metaverse.

More...

Analiza raționamentului jurisdicțional în ordinea juridică în contextul reflecțiilor doctrinare

Author(s): Mihail Poalelungi / Language(s): Romanian Issue: 2/2023

The object of the present research is the analysis of jurisdictional reasoning in the legal order. Both institutions of higher education and the judgment courts resort to legal principles, their existence being taken for granted after centuries of legal evolution. I highlight the core of the doctrinal and normative approach to the scientific material by establishing the relevant sources from scientific and didactic-scientific works, which have approached jurisdictional reasoning among other things in the scientific, sociological, philosophical and pragmatic light. Understanding jurisdictional reasoning can improve both the quality of judicial acts and the legal education offered by the respective institutions. However, the jurisdictional reasoning is not just characterized by a static perception, which could be in danger of becoming obsolete, but more than that represents the evolution of society and its values, reflected in the judicial act itself through the accumulation of factors that have shaped it.

More...

Recenzie la monografia „Statutul juridic al companiilor militare și de securitate private în cadrul conflictelor armate contemporane”, de Corina Zacon, Alexandr Cauia. Chișinău: ULIM, 2023. 228 p.

Author(s): Vitalie Gamurari / Language(s): Romanian Issue: 2/2023

The subject addressed is of increased interest for international humanitarian law in the context of contemporary armed conflicts, given that the 'law of war' has evolved from the perspective that direct participants are the regular forces of the belligerent states, as explicitly stated in the provisions of the Hague Conventions of 1899 and 1907 and the Geneva Conventions of 1949.

More...