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.

Principiul interesului superior al copilului – un panaceu al dreptului european

Author(s): Crina-Maria Stanciu,Ana-Maria Goldan / Language(s): Romanian Issue: 2/2023

The concept of child's best interests, often criticized on the occasion of its broad and vague use, can open the way at the time of interpretation, to many theories and ideological positions. In this regard, the professor of french origin Jean Carbonnier uphold that the best interest of the child represents ”the magic formula of the jurists” and that ”is risking to became a tautology”. At the same time, the concept invoked it contributes, in its own way, to the expansion of the European judges's discretionary power, in cases that involves minors, considering that it also fulfills a buffer function. This work emphasizes an interdisciplinary approach to the concept and offers a valuable comparison between European and national jurisprudence, which highlights the way of resolving disputes involving the concept in question. Is there a common approach of the European courts regarding compliance with the principle of the child's best interest? Does the principle constitutes a remedy aimed to protect the person of the child or to protect his interests?

More...

KRIVIČNO PRAVO ZA VRIJEME SREDNJOVJEKOVNE BOSNE I OSMANSKE UPRAVE: KOMPARATIVNA ANALIZA I TRANZICIJA

Author(s): Haris Silajdžić / Language(s): Bosnian Issue: 31/2022

The aim of this paper is to present criminal law and criminal procedure in the medieval Bosnia and the Ottoman administration in Bosnia. The paper will refer to the classical period of Ottoman administration, so the development of law related to the period of reforms and the Tanzimat is not the subject of this paper. When we mention criminal law and criminal procedure, we think of sources of criminal law, types of criminal offenses and the procedure that was conducted in the courts. In addition, this paper will present a comparative analysis between medieval Bosnia and the Ottoman Empire in terms of the sources of criminal law, types of criminal offences and criminal procedure. The last chapter of this paper will present period of transition from one system to another. Author used dogmatic-normative, historical and comparative method in process of writing this paper. In addition to all these methods, author used method of classification and method of description.

More...

ДЪЛЖИ ЛИ СЕ ОБЕЗЩЕТЕНИЕ ЗА НЕИМУЩЕСТВЕНИ ВРЕДИ ПО РЕДА НА ЧЛ. 1, АЛ. 1 ЗОДОВ ОТ ОТМЕНЕНА КАТО НЕЗАКОНОСЪОБРАЗНА ЗАПОВЕД ЗА ПРЕКРАТЯВАНЕ НА СЛУЖЕБНО ПРАВООТНОШЕНИЕ

Author(s): Irina Bogdanova / Language(s): Bulgarian Issue: 1/2023

The present article attempts to offer a solution to the much-debated case law question of whether based on Art. 1 from the State and municipalities liability for Damages Act compensation should be awarded for non-property damages resulting from an annulled as illegal order for the termination of an official legal relationship. This is why at the begging of the paper some light is shed on the arguments in case law supporting the two conflicting thesis. The problem emanates from the fact that most special laws in such cases provide a right to compensation in an amount limited to the amount of monthly emolument received by the official. This places especially sharply the question of whether the special laws envisioning limited responsibility exclude initially the possibility of demanding remuneration for non-pecuniary damages under the general law in such instances. At this rate, some critical remarks have been made regarding the „lex specialis derogate legi generali“ rule and its application. Then some detailed considerations are developed regarding the fact that the limited liability in those cases regulated by special laws concern only the compensation for property damage, which is why there is no "special way" for compensating non-property damages. A conclusion is formed that insofar as an unlawful termination of the official legal relation could cause, in addition to property, also non-property damages, there is hardly any reason why such damages should not be awarded following Art. 1, para. 1 State and municipalities responsibility for damages Act.

More...

Prawo instrumentalne czy zinstrumentalizowane – kilka uwag o prawie III Rzeszy

Author(s): Agata Dąbrowska / Language(s): Polish Issue: 43 (2)/2023

Law fulfils a regulatory function in social life. This is related to its instrumental nature. The exploitation of this potential assumes the form of instrumentalisation of the law. This phenomenon can take place both in the process of law-making, as well as its interpretation and application. Both positive and reprehensible forms of law instrumentalisation can be discerned. The purpose of this paper is to characterise the difference between the instrumental character of law and its instrumentalisation on the example of the law of the Third Reich. To this end, an analysis of the concepts of instrumentalisation of law, its instrumental character as well as its instrumental use will be carried out. This will allow for determining the boundaries between them and to relate them to the selected, specific law institutions of the Third Reich. In addition, the historical and legal background of the functioning of the indicated legal solutions will be presented. This will allow to determine the aforementioned differences between the analysed activities on the basis of examples from the practice of establishing, interpreting and applying law in history.

More...

THE PROTECTIVE MEASURES. ELEMENTS OF COMPARATIVE LAW

Author(s): Catalin Ionut Bucur / Language(s): English Issue: 2/2022

Protective measures as criminal law sanctions appeared later in the history of criminal law, being included in criminal legislation only in the 20th century. Their development as specific social protection measures was the consequence of the progress made in the field of criminology, as a multidisciplinary science, and of penology, which highlighted the existence of dangerous human and social conditions against which punishments prove ineffective and therefore useless.

More...

Rola postępowania diagnostyczno-terapeutycznego wobec sprawców czynów zabronionych popełnionych w związku z zaburzeniami preferencji seksualnych. Studium prawnoporównawcze

Author(s): Daniela Kalaczyńska / Language(s): Polish Issue: 1/2023

The starting point for these considerations is the inclusion of the interdisciplinary context, hence legal, medical, as well as psychological aspects had to be studied to provide an accurate overview of the problem. Taking into account the broad range of material available on the subject, in this work an attempt was made to bring closer only the most crucial topics revolving around containment of paraphilia. Above all, an effort has been made to synthetically describe the procedure of dealing with preferential sexual offenders, starting from the definition of an offence, consequently portraying the judicial proceeding and ultimately concluding by addressing the practicalities of therapeutic action and potential preventive measures against sexual recidivism.

More...

Prawo obywatela polskiego do sądu krajowego w sprawie o przestępstwo

Author(s): Teresa Gardocka,Dariusz Jagiełło / Language(s): Polish Issue: 59/2023

The purpose of this paper is to determine the scope of the right to a national court that a Polish citizen accused of a crime enjoys. The problem, of course, is when the accused is on Polish territory and another country has made a formal request to surrender him or her for trial. The introduction of the European Arrest Warrant and the related amendment of Article 55 of the Polish Constitution has meant that the traditional prohibition on the surrender of nationals, which was once seen as a guarantee of the defendant’s right to a national trial, no longer applies. This was considered one of the rights associated with citizenship. The conclusion of our considerations is as follows: a Polish citizen who resides in the territory of the Republic of Poland is guaranteed the right to a Polish court if in his/her case, apart from the citizenship link, there is also a territoriality link, i.e., the crime was committed in Polish territory. The assessment of where the crime was committed is based on Articles 5 and 6 of the Criminal Code. When these jurisdictional connectors coincide, surrendering the perpetrator to another state is not legally permissible. The considerations undertaken in this paper are based on a dogmatic analysis of Polish law and the method of legal-historical analysis. They are based on an assessment of the significance of constitutional provisions for the interpretation of national laws and the significance of EU law for the national legal order of European Union member states, including an analysis of legal provisions before and after Poland’s accession to the European Union.

More...

Unterschiedliche Merkmale des islamischen Rechts gegenüber anderen Rechtssystemen

Author(s): Abdullah Demir / Language(s): German Issue: 31/2023

Dieser Artikel konzentriert sich auf die unterschiedlichen Merkmale des islamischen Rechts (Scharia) im Vergleich zu anderen Rechtssystemen. Zunächst wurde untersucht, dass das islamische Recht ein Rechtssystem ist, das auf göttlichen Prinzipien basiert. Später wurde die Frage der Weiterentwicklung des islamischen Rechts durch Juristen, obwohl göttlichen Ursprungs, diskutiert. Es wurde auch darauf hingewiesen, dass das islamische Recht weltliche Sanktionen beinhaltet. Darüber hinaus wurde betont, dass das islamische Recht sowohl mit kasuistischen (problemorientierten) als auch mit abstrakten Methoden entwickelt wurde.

More...

“Common Law” Hukukunun Gelişimi

Author(s): Fikriye Erkul / Language(s): Turkish Issue: 2/2023

The concept of "common law" generally corresponds to "customary law" which forms the basis of Turkish legal tradition. In our study, the origins of the legal systems developed in continental Europe and the legal traditions on which they are based are discussed. It has been observed that the "common law" in continental Europe differs significantly from the Roman legal system. Our study also aims to compare the European and Ottoman-Turkish legal systems within the framework of the common law, and it has been determined that there are significant similarities between them.

More...

O UZROCIMA NEDOSTATKA VLADAVINE PRAVA NA ZAPADNOM BALKANU

Author(s): Mahir Muharemović / Language(s): Bosnian Issue: 24/2023

The Western Balkan region continues to face significant challenges in establishing the rule of law. This paper examines the socio-legal factors contributing to the weakness of the rule of law in the Western Balkans. It identifies three key factors: inefficient and unaccountable state institutions, the rule of informal institutions and corruption networks, and impotent formalistic judiciary. These are traced back to underlying historical, sociological, and legal prerequisites in the region. The analysis finds that state institutions in the Western Balkans are often extractive and controlled by political elites, undermining checks and balances. Additionally, informal institutions like clan networks continue to thrive, promoting corruption and impunity. Finally, the judiciary retains vestiges of socialist legal formalism, hampering impartial adjudication. Recommendations focus on the need for substantive domestic ownership of reforms by local actors. Sustainable rule of law requires capable and accountable state institutions along with strong civic engagement. The EU and international donors must re-examine their technocratic approach and insist on tangible improvements.

More...

Prometno pravo : [tematska bibliografija]

Author(s): Aleksandra Čar / Language(s): English,Croatian Issue: 177/2023

This is a list of bibliographic references to selected articles, papers, books and chapters in books in the field of transport law, published in scientific and research journals and other publications by Croatian and foreign (mainly European) publishers from 2010 to 2023. Included are works published in English and Croatian and to a lesser extent in French and German. The purpose of this bibliography is to facilitate the work of researchers in the field of transport law or within one of its narrower areas such as: road transport; rail transport; insurance of transport risks; competition in the transport sector; multimodal transport; and tourism and passenger rights. Given that maritime law is the main subject of research and scientific interest of the Adriatic Institute, a separate bibliography dedicated exclusively to that branch of transport law is being prepared for the next issue of the Maritime Comparative Law Journal (to be published in 2024). OSCOLA (Oxford University Standard for the Citation of Legal Authorities) rules for citing legal sources are used throughout the bibliography.

More...

Ukraine-Romania judicial cooperation in civil matters: twenty years of signing the agreement

Author(s): Serhij Kravtsov,Olena Zinchenko / Language(s): English Issue: 2/2023

The extraordinary session of the Verkhovna Rada of the Ukrainian SSR on August 24, 1991 proclaimed the independence of Ukraine and the creation of an independent Ukrainian state, the Act of Independence of Ukraine. Since then, Ukraine, as a sovereign, independent, independent State, has been creating legal relations between states, finding not only reliable partners, but also friends. One of these countries is Romania. This article examines the issue of the Agreement on Legal Assistance between Ukraine and Romania, which was signed in 2002, and implementing this act in the judicial system of Ukraine - through judicial cooperation, recognition of judicial decisions and participation of Romanian citizens in trials in Ukraine.

More...

Illegal contract as a general clause - European trends and new Hungarian judicial practice

Author(s): Ádám Auer / Language(s): English Issue: 4/2023

The invalidity of a contract is a sanction of civil law. In a dispute, the purpose of the law, its effect and its application must be applied together to the contract in conflict with the law. The means of doing so are judicial interpretation and the application of the general clause. An illegal contract may cover several areas: contracts contrary to public policy, a rule of law, morality or fundamental principles. In such a complex legal environment, an important question is which rule is breached and which results in the invalidity of the contract. The relationship between civil law and other rules is of particular importance in the context of the use of AI, where there are a number of technical obligations for the contracting party or administrative rules governing the use of AI. In the digital environment, many sectoral rules impose prohibitions, many norms define specific requirements as well. The study examines the new paradigm of the Hungarian Civil Code of illegal contracts and focuses the judicial practice of the general clause of illegality.

More...

The legal framework for PPP in China – current issues, challenges and future perspectives – with regard to the French experience

Author(s): Jingyi Tian,Banggui Jin / Language(s): English Issue: 4/2023

In recent years, the relationship between the private and public sectors has changed in response to the challenges posed by economic globalisation, with the PPP model guiding the two subjects from a relationship of subordination and employment to one of equality and partnership. Such a partnership model is complex but revolutionary in that the government no longer acts as a regulator alone, but also becomes a participant in the market. It is because of the involvement of public power that a well-developed PPP legal framework is particularly important to prevent the abuse of public power and the emergence of inequalities in the market. China has also introduced the PPP model to solve a range of problems arising from accelerated urbanization, to meet the massive demand for public services and infrastructure development, and to deal with the government's financial difficulties. This article analyses the main problems and challenges that China currenty faces in the regulation of PPP, before looking at ways of improving the legal framework for PPP in China, following the example of French law in this area.

More...

Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic

Author(s): Gabor Kecső,Boldizsár Szentgáli-Tóth,Bettina Bor / Language(s): English Issue: 1/2024

This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

More...

Legal Dogmatic Questions about the Impact of the European Union’s Digital Legislation on Hungarian Contract Law

Author(s): Tekla Papp / Language(s): English Issue: 1/2024

The complexity and flexibility of contract law, and its ability to meet various social, economic and technical-technological needs, are indicated by a number of theories (approaches) that offer a new approach to the processing of contracts. Among the predominant theories one might include the following: overview of contracts from a constitutional and human rights approach2 ; deriving from this the contracts related to private and family life (intimate contracts)3 ; by connecting the concepts of contract law and property rights, exploring the specific characteristics of existing contracts4 ; filling the term "digital contract type" with content5 ; classification of different kinds of interconnection of contracts (complex contracts).6 The author dedicates the study to the topic of whether Hungarian contract law can meet the challenges created by digitalization, which have not yet been identified in all its details, and what are the critical points that require consideration and action as soon as possible. After the summary of the digital legislation of the European Union the author identifies the effects of digitalization in relation to the Hungarian contract law and the special contracts resulting from digitalization. Finally, the author makes de lege lata and de lege ferenda conclusions in light of this topic.

More...

Military Will in the Czech Civil Code

Author(s): Pavel Salák jr. / Language(s): Czech Issue: 2/2024

The text is dedicated to the analysis of the legal regulation of military wills in the new Civil Code (Law No. 89/2012 Coll.). It places it in a historical legal context. However, priority attention is paid to a detailed analysis of the current legal regulation and potential issues that this regulation brings. It also briefly mentions other options for last dispositions that a soldier could use. The legal regulation of military wills in the Civil Code can be characterized as very well conceived, reflecting the reality of foreign missions. The fact that it takes the form of a public document is also significant if the relevant requirements are met. However, the question is how the application practice of the courts will approach the adjustment.

More...

Úhrada „víceprací“ při dohodnutých změnách předmětu díla

Author(s): Patrik Sysel / Language(s): Czech Issue: 2/2024

The article deals with the effects of agreements on changes to the subject matter of the work on the price. Section 2614 of the Civil Code provides that in the case of an agreement to reduce the scope of the work, the price will be reduced if the parties have not agreed on the consequences for the price. However, the law does not define the consequences of extending the scope of the work or so-called qualitative changes. This is a difference from the source regulation in the Commercial Code, which dealt with all types of changes to the subject matter of the work. The literature does not agree on whether, with regard to the apparently intentional change in legislation, the regulation should be interpreted only in favour of the client, or whether the possibility of price increase can also be inferred through other statutory provisions. The article attempts to provide a convincing solution to the consequences of agreements on changes to the subject matter of the work, both in the context of interpreting the parties’ agreement and the dispositive statutory provisions. The article also contains recommendation for practice.

More...

Pojetí účastenství manžela povinného v exekuci

Author(s): Aneta Jančíková / Language(s): Czech Issue: 2/2024

The article deals with the position of the debtor’s spouse as a party to the execution and a member of a procedural community. The aim of the article is to describe the way in which the participation of the debtor’s spouse in execution can be conceived in the context of civil procedure doctrine and the concepts of participation in civil procedure that doctrine distinguishes. The conclusions regarding the concept of the participation of the debtor’s spouse in execution are loosely related to the way of determining the nature of the procedural community of the debtor and the debtor’s spouse in execution in a situation where the debtor’s spouse is not the subjekt of an execution order and becomes a party only because of the execution against the matrimonial property or the exclusive property of the debtor’s spouse. Last but not least, the article incorporates the case law of domestic courts concerning the position of the debtor’s spouse in execution.

More...

Unshell directive proposal – a Pandora box of unrealistic benefits, unjustified reasons and unforeseen indirect consequences

Author(s): Mădălina Cotruț / Language(s): English Issue: 2/2023

The author raises questions on the reasons and benefits specifically declared by the European Commission in the documents prepared for promoting the Unshell Directive Proposal among EU Member States with the view to assess if they prove sufficient for its implementation. Furthermore, the overview is supplemented with the analysis of consequences that may indirectly affect the taxpayers on the EU market and the tax authorities from all the EU Member States. The author questions if this proposal is really needed considering that it brings many uncertainties for both taxpayers and tax authorities.

More...