Analele Universității București – Seria Drept (AUB)

Frequency: 1 issues / Country: Romania

In March 1939 issue no.1 of the Bucharest Law School Annals (the then name of the journal) was published as a series of quaterly booklets presenting the results of the scientific research conducted by the academics and the students, as well as reports on the most important events in the then legal and scientific environment. The publication aimed at creating and maintaining a “scientific movement useful to progress”. That aim has been preserved to the day, so the current “Bucharest University Annals – Law Series” (AUBD) publishes studies and research papers written by the academic staff and also by colleagues from other universities at home and abroad, young researchers, students and PhD students as well as information on legal topical isues, events organized by the Law School and the students’ results in international compatitions.

After a long period of time, the past 1948 period, when only a yearly issue was published, the journal resumed its quaterly publication in 2000. The members of the Scientific Board are well-known representatives of the European legal world. As of 2006, the papers published in our journal have been accompanied by abstracts in French and English, and, as of 2009 each article has been accompanied by a technical section including abstracts and key words to facilitate thematic search. Moreover, the contents of the journal, the abstracts and the key words are available on the journal website: drept.unibuc.ro/aubd.

As most of the articles are published in English, French, German or Italian, our journal is currently exchanged with almost 100 libraries and universities abroad.

Analele Universității de Vest din Timișoara - Seria Drept

Frequency: 2 issues / Country: Romania

The journal Annals of the West University of Timisoara – Law Series is a periodical comprehensive publication in law, biannually published, edited by the Faculty of Law, West University of Timisoara. The journal is structured according to sections that reflect the scientific work of several valuable professors in the field of private law and public law, plus the contributions of doctoral students or other young researchers.

Scientific events organized by the Faculty of Law, West University of Timisoara, as well as events marking the recognition of the scientific activity of its academic body, such as awards and distinctions, are also presented within the pages of the journal. Moreover, the journal’s content reflects the achievements of the Doctoral School within the Faculty of Law, West University of Timisoara.

The editorial team consists of professors specialized in the fundamental fields of law. A body of specialists ensures a comprehensive overview of the studies received for publication.

The journal is edited under the auspices of Universul Juridic Publishing House, one of the most prestigious law-oriented publishing houses in Romania.

Analitički i sociološkopravni pristup proučavanju normativnih i društvenih funkcija prava

Author(s): Damir Banović / Language(s): Bosnian / Issue: 3/2019

The paper outlines positions of analytical jurisprudence regarding the possible functions of law – whether they are determined as normative or social. Also, it offers an approach of a version of socio-legal theory to the social effects of law, as well as criticism of the analytical approach as unjustified and overly intuitive. Each analysis of law as a phenomenon starts from the analysis of the nature of law and, consequentially, from its functions, i.e. the introduction of the idea of dual nature of law, with the ideal and realistic elements, which leads to a different reflexive methodology that will shed light upon both elements. In the end, the paper offers a review of possible methodological improvements that would allow for empirically verifiable, instead of a priori, articulation of positions on possible functions of law and therefore improve theoretical legal analyses.

Analiza argumentu zdrowia publicznego w dyskusji nad legalizacją miękkich narkotyków

Author(s): Katarzyna Grotkowska,Konrad Kobyliński / Language(s): Polish / Issue: 76/2016

The purpose of the present text is to provide analysis of the public health argument in the context of the debate over legalisation of soft narcotics. The first part provides an explanation of the terms used, followed by an analysis of the term ‘public health’ in the legal terminology. The analysis of this termand the arguments built on that basis leads to a conclusion that the public health argument in the discussion about legalisation of soft narcotics is little convincing and lacks a sound, theoretical basis. Despite the fact that public health remains among the arguments most often raised in the narcotics discourse, in the final part of this work – drawing on the study of J. Haid in the area of psychology of morality – a possible explanation is presented as to why the argument of public health remains popular.

Analiza potrzeb klienta przy zawieraniu umowy na kolejny okres ubezpieczenia

Author(s): MARIUSZ FRAS / Language(s): Polish / Issue: 2/2020

The article consist the analysis of the customer needs in the light of conclusion of contracts for the next insurance period. The Insurance Distribution Act of 15 December 2017 in art. 8 introduced requirement to specify the customer requirements and needs before concluding the insurance contract or insur- ance guarantee contract. This statutory and pre-contractual obligation rest on insurance distributors. The major issue on the insurance market is the purchase of products by customers that do not meet their needs. The inadequacy of the insurance product leads to the lack of insurance cover in the context of certain insurance risk and excessive, unnecessary insurance protection. The purpose of the article is to discuss that matter on the example of various types of insurance contract.

Analiza prakse predlaganja sudu vaspitnog naloga ili vaspitne mere od strane centara za socijalni rad

Author(s): Jasna Hrnčić,Andrijana Radoičić / Language(s): Serbian / Issue: 19/2018

although it is not obliged by the low, centres for social work (SCR) frequently deliver to the court during preparatory procedure the proposal of the educational measure &diversion order as a part of the obligatory ”finding and opinion” about juvenile suspected for criminal act. The aim of the paper is to analyse how much that practice is spread, based on the law and purposeful for the best interest of the social welfare users. The sample consists of 30 ”findings and opinions” that CSR’s had delivered to the court during 14 months. Findings showed that the proposal of the diversion order and educational measure was a part of all analysed cases but wasn’t based on the all elements defined by the law in a sense of uncomplete or missing description of antisocial behaviour, motives for the criminal act and behaviour after the deed. High proportion of the court reprimands and criminal procedure suspensions and their disconnection with seriousness and chronicity of antisocial behaviour nor with highly risky characteristics of the juvenile’s person, behaviour, circumstances and environment, suggest that the proposal of the educational measure & referral order is not always for the best interest of the user. The findings were discussed and recommendations for practice improvements were made.

Analiza prawnej i faktycznej sytuacji poręczyciela – wybrane zagadnienia

Author(s): Łukasz Jurek,Rafał Maciąg / Language(s): Polish / Issue: 1/2012

This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

Analysis of diplomatic relations between Romania and Denmark

Author(s): Marilena-Oana Nedelea / Language(s): English / Issue: 2/2018

The dynamics of diplomatic relations between Romania and the Kingdom of Denmark determine the development of economic, cultural, and educational relations between the two countries on the basis of a series of important treaties and agreements concluded over time. In the last years there has been a development in the field of education supported by the increasing number of scholarships offered through bilateral agreements, the support of economic exchanges by attracting investments, but also by the increase of imports-exports between the two states.

ANALYSIS OF THE EUROPEAN SOCIAL CHARTER AND ITS IMPORTANCE FOR THE PROTECTION OF SELECTED GROUPS OF WORKING WOMEN

Author(s): Zdenka Dudić,Branislav Dudić,Branka Agbaba / Language(s): English / Issue: 1/2020

Both the 1961 European Social Charter and its revised version of 1996 constitute international social and economic rights treaties ratified by the Member States of the Council of Europe. Together with the European Treaty for the Protection of Human Rights and Fundamental Freedoms, they are the cornerstones of the contractual system for the protection of human rights in the member countries of the Council of Europe. Moreover, these contracts have contributed significantly to the development of European human rights standards in the areas of personal management, labour law and social security law. Nevertheless, it receives minimal attention from legal theorists. This leads to problems in its interpretation in practice. Through scientific and doctrinal interpretation, authors examine the various provisions of the European Social Charter. They seek answers to practical application problems through scientific literature as well as the case-law of the European Court of Justice. The aim and result of the authors’ work is to examine individual documents, to compare them and analyse the differences. The aim of the authors' work is also to evaluate the impact of the case law of the European Court of Justice in connection with the implementation of the Charter into the legal order as well as application practice. The benefit of this article is also the analysis of the impact of the Charter on the rights of working women.

Analýza české právní úpravy osvojení dítěte gayi, lesbami a bisexuálními lidmi ve světle práva Evropské unie a Evropské úmluvy o lidských právech a základních svobodách

Author(s): Jan Wintr / Language(s): Czech / Publication Year: 2009

ANDRAGOŠKI PRISTUP U POLICIJSKOM OBRAZOVANjU

Author(s): Goran Blagojević / Language(s): Serbian / Issue: 07/2016

Education in the field interior ministry which is in the strict center terms refers to education in police structures, is a complex dimension which requires access to life have outgrown interactive relations between lecturers and listeners. Modern education approach aims to eliminate classical methods of transferring knowledge from the lecturers to his listeners, especially in the police education where such a mode is going exclusively with adults.In the modern police education officers but and those who want to become police officers, represented the andragogical police education concept. He includes education and professional development training in mind. Be a coach in this sense represents a real challenge for police officers, or potential police officers, and for the instructors, or coach.In the context mentioned above this work will include andragogical access to police education, and in the police through the prism facilitation and andragogy area in the police education.

Anglophone and Civilian Convergence: Law, Values, Culture, and Learning in the Global Age

Author(s): Joseph Garske / Language(s): English / Issue: 21/2020

This paper examines the question of what values might underlie a global regimen of law. It is concerned with the level of culture and learning that could prevail among a future global public. It begins by explaining how law is a central element in the project of globalization, and how legal influence touches on all areas of global order. The paper discusses the two predominant Western traditions of law, Anglophone and Civilian, the legal culture each represents, and the values implicit in their two different conceptions of legality. It reviews certain fundamental elements present in each tradition since their near simultaneous beginnings in the medieval world. It explores the relationship of both legal methods to the realm of public understanding, especially in their two differing versions of the university as a center of learning. In doing so, the paper also examines the contrasting roles of scholar and judge in each legal system. It then looks forward to probable difficulties in any attempt at combining the two traditions of law into a single global regime. The paper concludes by using America as a model to contemplate what values might shape an Anglophone legal culture, applicable to all peoples in all localities around the world. Finally, the paper summarizes the foregoing, and looks toward the possible redefinition of culture and learning in a global Rule of Law.

Antidiskriminační zákon

Author(s): Martina Štěpánková / Language(s): Czech / Publication Year: 0

Apie Lietuvos Respublikos švietimo įstatymo projekto pirmąją 2001 10 12 redakciją

Author(s): Leonas Jovaiša / Language(s): Lithuanian / Issue: 9/2002

Das Projekt des litauischen Bildungsgesetzes vom 12. 10 2001 ist viel mehr gilnstig als das Gesetz, das heute noch fahig ist. Trotzdem es hat eine Menge von Fehlen. Besonders fallt ins Auge einige Begriffe, die fur litauische pedagogische Terminologie fremd sind.

Aplikacja sądowa Adama Vetulaniego: 1924–1934

Author(s): Jakob Maziarz / Language(s): Polish / Issue: 1/2016

This article concerns only one period of Adam Vetulani’s life, when he was occupied with legal practice (from 1924 to 1934, when he worked as an articled clerk in the Court of Appeal in Cracow). From this period only the first year was a time of effective learning; the rest of the time Vetulani spent on dissertation, which was possible thanks to help he was given from the administration of justice. The article is the first publication about this, until now unknown, period in professor Vetulani’s life.

Application Of The Theory Of Proper Law To Contractual Relations With The Foreign Element

Author(s): Vladimir Čolović / Language(s): English / Issue: 4/2015

The theory of proper law is a product of the Anglo-Saxon doctrine of the 18th and 19th centuries and is applied, among other things, to determining the applicable law in contractual relations with the foreign element when the party autonomy is absent. This theory is grounded not only in the close connection between contracts and a particular country, but also in the intention of the parties which must be included in the elements of the contractual relations. This theory cannot be defined without the aforesaid elements. The article analyses the relation of the theory of proper law to other theories applied to cases when the parties have not chosen the applicable law, such as the center of gravity theory and the theory of characteristic obligation. In this regard, we shall analyse provisions of the most important sources of EU law in this area, such as the Rome Convention and Regulation 593/2008, and examine legal provisions of individual states outside the EU related to this area. The author concludes that the theory of proper law provides the most leeway for choosing the applicable law compared to the other theories.

Arab customary law and the modern Western idea of restorative justice

Author(s): Ewa Górska,Jan Bazyli Klakla / Language(s): English / Issue: 1/2017

Arab customary conflict resolution and the alternative Western approach to dispute resolution are both the result of a similar way of administering justice – a restorative justice paradigm. Thus, we argue that it is not a new or a strictly western concept given that its fundamental values or even structures have existed in the customary laws of different cultures, like Arab culture, for centuries. In this article, we compare Western restorative justice institutions with the Arab customary conflict resolution process (sulh) used in contemporary Palestine.

ARE WE A ‘SOCIETY OF HONOUR’? RECONSTRUCTION OF THE TERM ‘HONOUR’ IN SELECTED JUDICIAL DECISIONS OF POLISH COURTS

Author(s): Joanna Ptak-Chmiel / Language(s): Polish / Issue: 3/2018

The existence of honour as a particular value is not unique, restricted to the boundaries of certain states, nationalities or ethnicities only. Yet, a distinction can be found in the literature between so-called ‘societies of honour’ and ‘modernised societies’. It is believed that in ‘societies of honour’ honour plays a central role in regulating social relations, and in ‘modernised societies’ based on the rule of law its importance is marginalised. This article is a contribution to the discussion on the adequacy of the discussed division based on the example of Polish society. Due to the fact that an important feature of this distinction is the juxtaposition of law and honour as tools for regulating social relations, the starting point of the analysis of this issue is to answer the question whether the concept of ‘honour’ exists in Polish law, and if so, how it is defined and in what contexts it appears. Due to the complexity of this issue, the subject of the article was limited to a specific problem – the analysis of selected judgments of Polish courts and the reasons underlying these judgments. The research allowed to identify the provisions of Polish law which refer (or could refer) to honour. Based on the analysis made, it may be stated that both, judges as well as parties to court proceedings, consider honour as a protected, legally accepted value.

Arguing for Art, Debating Censorship

Author(s): Liviu Maliţa / Language(s): English / Issue: 1/2019

Using a sociological and philosophical approach, this paper discusses the legitimacy, utility and functionality of art censorship both as a social practice and as an autonomous discourse. My intervention reconstitutes and deconstructs the legal arguments underlying the decision to censor artistic products, by investigating the most common accusations by which the law seeks to justify art censorship: immorality (pornography, obscenity), the encouragement of indecent behaviour or incitement to violence/hatred/racism. Moreover, the paper describes two perspectives that can decisively settle this controversial debate: one in favour of the unconditional, absolute freedom of art, and the other in favour of social control. The former perspective brings together arguments stating that the act of censorship is incompatible with the specificity of art as fiction, while the latter considers that art benefits from normative flexibility that tends to impunity. The analysis of the two perspectives points out that it is difficult (even impossible) to definitively answer the question whether there is a solid reason for (not) censoring art. Art is placed in the interval. The problem of art immunity oscillates between Scylla (with its excessive prohibitions) and Charybdis (with the notion that art works carry messages with a socially toxic potential). The excesses of art cause not only a need for civic control, but also excesses of censorship. The reverse is also true. Among the extreme cases placed at the edge of the spectrum, there is the everyday situation in which art is admonished, more or less harshly, for its “boldness”. Ultimately, while the penchant for censoring art in totalitarian societies is obvious, there is little consensus in the debate on censorship in democratic, liberal societies. Here “anonymous authority” (Erich Fromm) is frequently expressed through mute, conservative, informed censorship, lending itself to a vast polemical discussion about what the “freedom of art” truly means.

Argumenty religijne w procesie ustawodawczym w Sejmie Rzeczypospolitej Polskiej VIII kadencji

Author(s): Grzegorz Maroń / Language(s): Polish / Issue: 4/2019

The article discusses the issue of using religious arguments by deputies while considering bills at the sitting of the Sejm. The author critically assesses the socalled doctrine of exclusivism, which postulates a total exclusion of religious arguments from political discourse. Next, he justifies the thesis that appealing to religious reasons by deputies in the course of parliamentary work is not contrary to the constitutional principle of worldview impartiality of public authorities. Finally, based on the empirical study, he presents quantitative and qualitative characteristics of the operationalization of religious rhetoric in the legislative process in the Sejm of the 8th term. It turns out that MPs of all political groups appeal to religious arguments and they do it rather seldom. The state of affairs in which members of liberal and leftist parties themselves – identifying themselves with postulates of the exclusivist doctrine and even regarding them as a legal requirement – use religious argumentation, testifies to their political opportunism and ideological interpretation of the constitutional principle of religious impartiality of public authorities. The author postulates the avoidance of instrumental treatment of religion in the political debate.