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Result 1521-1540 of 1591
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Кодификациите - Reflexio Iuris Romani

Кодификациите - Reflexio Iuris Romani

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The main object of this article is to present the concept of the code and the codification in modern times as a reflexio of the Ancient Roman practice. A survey has been made in order to explain the terminology and the notion of “code” and “codifying”. Our main goal is to determine the preconditions and the purposes of the three basic codifications in Ancient Rome – Lex Duodecim Tabularum, Codex Theodosianus and Corpus iuris of emperor Justinian. The conclusion is considered to be the impact of Roman legal heritage in the modern Bulgarian concept of the code and the codification, as well as in connection with the global problems of systematization of legislation – decodification, recodification etc.

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Osnova i značaj jedinstvenog regulatornog pristupa krivičnim djelima počinjenim iz mržnje: trendovi u Evropskoj uniji i situacija u Bosni i Hercegovini

Osnova i značaj jedinstvenog regulatornog pristupa krivičnim djelima počinjenim iz mržnje: trendovi u Evropskoj uniji i situacija u Bosni i Hercegovini

Author(s): Carolyn Bys / Language(s): Bosnian Publication Year: 0

Efikasno vođenje istraga i krivično gonjenje počinje sa dobro postavljenim pravnim okvirom, na čemu je i težište ovog rada. Rad analizira aktuelne evropske trendove u harmonizaciji legislative o krivičnim djelima počinjenim iz mržnje i obaveze otkrivanja i gonjenja krivičih djela počinjenih iz mržnje, kao i njihove implikacije za Bosnu i Hercegovinu. Prvo se navode ključni međunarodni standardi, dokumenti i sudska praksa Evropske unije, Organizacije za sigurnost i saradnju u Evropi, Evropskog suda za ljudska prava i Konvencije o ukidanju svih oblika rasne diskriminacije (CERD), koji ustanovljavaju obavezu države da zakonski reguliše krivična djela počinjena iz mržnje te da osigura otkrivanje, gonjenje i odgovarajuće sankcionisanje krivičnih djela počinjenih iz mržnje. Dalje se razmatraju najbolja rješenja u pogledu zakonskih odredbi i najnoviji evropski trendovi, te se i jedni i drugi primjenjuju na trenutnu pravnu situaciju u Bosni i Hercegovini.

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Освобождаващи клаузи в договорите

Освобождаващи клаузи в договорите

Author(s): Krasimir Mitev / Language(s): Bulgarian Publication Year: 0

According to Bulgarian Law on Obligations and Contracts, the parties can freely determine the content of the contract, as long as they do not violate the mandatory norms and good morals. The legal literature in Bulgaria has not dealt with exemption clauses in contracts and there is also no developed case-law. For this purpose, the current work examines the status of these clauses, in countries with a developed market economy such as England, France, Germany as well as in the EU law. The approaches to the regulation of freedom of contract under exemption clauses in England, on the one hand, and in Germany and France, on the other hand, are different. It can also be explained by the fact that the mentioned countries are part of different legal systems – of the Anglo-American and of the continental.

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Нужна одбрана у кривичном праву

Нужна одбрана у кривичном праву

Author(s): Ljubiša Zdravković,Srđan Aleksić / Language(s): Serbian Publication Year: 0

Necessity defense is one of the oldest institutes of criminal law. It arose very early in connection with the need to justify the immediate protection and defense of one's legal property against simultaneous, undisguised illegal attack. Necessity defense is a legal institute exists in a vast number of criminal legal systems today. At any rate, it presents a general basis for excluding the existence of a criminal offense, provided that the conditions strictly prescribed y law are met in any specific case. An act committed in necessity is not a criminal act. Defense is deemed necessary when the defendant uses force to repel a simultaneous illegal attack on his property or the property of another. In order to assess whether necessity defense or excessive necessity defense took place, it is vital to determine and evaluate not only the proportionality between intensity of the attack and the intensity of the defense but also the means used for attack and defense, the strength of the attacker in relation to the attacker, the real possibilities of the attacked to repel the attack, and other circumstances specific to that case. The defendant who exceeds the limits of necessity defense due to intense irritation or panic caused by the attack, he can be released from the punishment.

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The Possibility of a Law of All Forms of Life in the Context of Transdisciplinary Mutations in International Law

The Possibility of a Law of All Forms of Life in the Context of Transdisciplinary Mutations in International Law

Author(s): Cristina Elena Popa Tache / Language(s): English Publication Year: 0

"Tomorrow will know a culture richer in creation and, at the same time, more suited to human's body and soul than that of today."3 Undeniably, creation exists in everything. The law itself is also a creation, including in the sense of establishment. It is a process dedicated to life as a whole, especially the rights that can be identified so that life in all its forms can enjoy respect, protection and evolution. Everyone's perception of the legal norm should be one of trust, interest, understanding, satisfaction and even joy. Of all, next to the law of nature or canon law, a law of all beings could not exist without the best possible combination of law, respect for life, gratitude and even love in its spiritual rather than philosophical sense, as these two new rights are perceived and manifested by people. A law of all forms of life seen as a body of legal rules would be a higher field of law which would have as subfields: human rights, animal rights, nature rights and other tangential special rights. We are faced with the possibility of reorganising law. My research will focus on a new application of transdisciplinary methodology to international law, approached from the angle of the multiple mutations of our societies. The triggering factor is given by today's society experiencing an unprecedented international level, whether we are talking about technological advances, human or animal enhancement, or whether we are referring to climate change, sustainable development, global crises, armed conflicts, or financial and health reforms. The ultimate goal is to get as close as possible to a better solution for all forms of life, for the well-being of all beings, in a complete application of the concept of vivir bien. The research method is exploratory.

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Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature

Recent Judicial Resistance Again the Primacy and Authority of EU Law by Constitutional Courts in Some Member States: A Survey of Literature

Author(s): M. Elvira Mendez-Pinedo / Language(s): English Publication Year: 0

The study explores in the first place recent criticism, backlash and resistance to the authority of European Union (EU) law by the highest constitutional European courts in some EU Member States. Several important rulings show how the primacy and effectiveness of EU law seem highly disputed and undermined with negative consequences for the judicial protection of individual rights in Europe. In the second place, the study refers to the doctrine of primacy of EU law created by the Court of Justice of the European Union (CJEU) and explains the reasons why some Member States’ courts have mostly accepted primacy of EU law as a principle while reserving a final say on it under certain limited circumstances (constitutional reservations studied mostly by the school of constitutional pluralism). In the third place, the study offers a survey of recent literature regarding the role of national courts in EU law, judicial dialogue with the CJEU and, more specifically, this worrying and current wave of dissent, defiance, and resistance to the authority of EU law.

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Piercing the Corporate Veil: Lack of Legislation, Proposals to Change an Existing Law

Piercing the Corporate Veil: Lack of Legislation, Proposals to Change an Existing Law

Author(s): Roxana Alexandra Kipel-Istudor / Language(s): English Publication Year: 0

This article aims to compare the jurisdiction of piercing the corporate veil in South America. We'll analyze the lack of legislation and the regulation of this important theory. We'll examine whether it's easier for the court to apply the basic principles of law to pierce the corporate veil or it's better to regulate a norm which has to contain specific conditions or situations in order to be able to pierce.

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Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice

Suspension of the Procedure by the National Court That Notified ECJ for a Preliminary Ruling, in the Context of the Recent Jurisprudence of the European Court of Justice

Author(s): Anamaria Groza / Language(s): English Publication Year: 0

Notification of the European Court of Justice for preliminary rulings represents or can represent a case of temporary suspension of the procedure. The mandatory suspension of the procedure is regulated in the national law by imperative law rules, operates independently of any analysis of opportunity made by the judge and in an abstract way, irrespective of the concrete elements of the case. The national norms witch regulate notification of the ECJ as a case of mandatory suspension seem to be opposite to a recent judgement of the ECJ, pronounced in case C-477/21. The purpose to order suspension of the procedure is to correctly apply the EU law. This purpose can be achieved without the whole suspension of the trial. The judicial research can continue in order to establish the facts of the case, especially when there are proofs that can be lost or degraded by their late administration. Other law problems can be solved, if they are not in liaison with those addressed to the ECJ. By consequence, facultative suspension and the possibility of a partial suspension of the procedure guarantee the effet util of EU law, finding of the truth and solving of the trials in a reasonable term. The research is descriptive, explanatory and comparative, being accompanied by relevant doctrine and jurisprudence.

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The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects

The Right to Non-self-Incrimination and the False Testimony – Comparative Law Aspects

Author(s): Anca-Lelia Lorincz / Language(s): English Publication Year: 0

The present study approaches, in relation to the current realities, the issue of the consecration of the privilege against self-incrimination regarding the witness, by bringing to attention some aspects of comparative law regarding both the regulation of the right not to contribute to own accusation, and the criminalization of the act of false testimony. Using, as research methods, documentation, comparative scientific analysis and interpretation, the work presents the ways of regulating the right of the witness not to accuse himself in a series of legislations of the European states, as well as the ways of criminalizing false testimony in the same European states, to reveal the extent to which the recognition of the right not to contribute to self-incrimination is reflected in the criminal policy of these states. By taking into account these aspects of comparative law, as well as some elements of jurisprudence (both jurisprudence of the European Court of Human Rights and domestic jurisprudence), emphasizing the importance of the unification of judicial practice in criminal matters, the study concludes with the proposal of apprehension, in practice, under certain conditions, of the commission of the crime of false testimony by the de facto suspect witness who makes untrue statements.

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New Trends in Comparative Law: Cross-Fertilisation

New Trends in Comparative Law: Cross-Fertilisation

Author(s): Andra Iftimiei / Language(s): English Publication Year: 0

Comparative law has earned the right to be considered an autonomous science, on the one hand, and a working tool in dialogue with other legal systems, on the other. In the present study we aim to analyse the legal nature of the new cross-fertilisation trend, to identify the forms in which it takes shape, and to identify how the concept under analysis operates in the national legal order. Our working hypothesis is as follows: crossfertilization is a phenomenon specific to comparative law which has its effects also in the case law of national supreme courts. The methods used are case study, literature review and the application of the theory of functionalism through comparative, presumptive and evaluative functions.

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Organized Crime - Aspects of Comparative Law

Organized Crime - Aspects of Comparative Law

Author(s): Aurel Octavian Pasat / Language(s): English Publication Year: 0

The article analyzes the main features of organized crime at the current stage. It is noted that currently in the scientific literature there is still no comprehensive definition of organized crime that meets the requirements of modern realities, thus the author defines the concept of organized crime as one of the varieties of crime. Also, the article examines the criminal liability and the constitutive elements of the crime of forming an organized criminal group, under a comparative aspect. The relevance of the chosen theme is due to the current state of the fight against crime. Currently, one of the most important tasks facing not only law enforcement agencies, but also the entire society as a whole.

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Comparative Analysis of the Institute of Confiscation with Special Emphasis on the Republic of North Macedonia

Comparative Analysis of the Institute of Confiscation with Special Emphasis on the Republic of North Macedonia

Author(s): Genti Rechi / Language(s): English Publication Year: 0

The purpose of this study is to make an overview of the legal framework that regulates the institute of confiscation in the countries of the Western Balkans such as Serbia, Albania and Slovenia, with special emphasis on North Macedonia. By examining the similarities and the differences, this research aims to provide insights into the effectiveness and potential areas for improvement of the confiscation of proceeds crime. The study reveals that countries such as Albania, Serbia and Slovenia have clearer and more concrete legislation regarding the confiscation, as the confiscation procedure is regulated by special laws. The legal solutions regarding confiscation in North Macedonia are outdated and as a result the implementation of the confiscation measure is minimal. This study employs comparative research methods combined with legal analysis. The results obtained from the work can be used by policymakers to improve the legislation regarding confiscation.

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Inheritance Rights of the Surviving Spouse. Study of Comparative Law

Inheritance Rights of the Surviving Spouse. Study of Comparative Law

Author(s): Cristina Ramona Duță / Language(s): English Publication Year: 0

With a legal situation that placed the surviving husband towards the end of the list of those called to his de cuius inheritance - only the state was found after him in the order of successors, the regulation of his succession rights betrayed, over time, a nonprivileged position. Under the empire of the Civil Codes, the one from 1864 and then the one from 2009, the surviving spouse acquires a well-deserved place among the successors, coming into the contest alongside each class of heirs. The paper aims to analyze the succession rights of the surviving spouse in the different succession systems, the one of Romano-Germanic tradition in the family of which our succession right is a part, the common-law system present in Great Britain and the mixed one of the province of Quebec.

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Complementarity between Civil Status Acts and Mitrical Acts

Complementarity between Civil Status Acts and Mitrical Acts

Author(s): Marius Vasile Bârdan / Language(s): English Publication Year: 0

The present study aims to analyse the link that can be established between civil status acts and those that are performed in the church. By presenting concrete examples, the article highlights both similarities and differences. The article also highlights the connection that we believe must exist in a society between these two institutions, the legal and the religious, and how they influence each other. As important as the mission of the law is, the religious framework cannot be ignored when events are directly linked to civil status acts. Aware that the two institutions have their own organisational framework, we will conclude with our view of how the two interact, also emphasising the comparative dimension.

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Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN / Language(s): English Publication Year: 0

The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.

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Историјско порекло и садржина преамбула савремених устава

Историјско порекло и садржина преамбула савремених устава

Author(s): Darko Simović / Language(s): Serbian Publication Year: 0

The claim that the preamble of the Constitution is an unjustly neglected legal phenomenon has become a common observation in modern constitutional literature. Without any significant research, there were prejudices that their content is primarily of a declarative nature and that they lack prescriptive value. Undoubtedly, one of the reasons for the marginalization of the preamble in scientific and expert discussions is the fact that its legal nature has not been clarified. The fact that the preamble is a predominant feature within the structure of the Constitution leads to the conclusion that the preamble must not remain a neglected legal phenomenon. However, increasing interest in this legal phenomenon is the result of modern trends in the sphere of comparative law, which recognizes an increasing number of examples of legally relevant preambles of the constitution. A small number of constitutions foresee mandatory legal effects of the preamble. Additionally, the number of countries in which comparative law practice has established the legal relevance of the preamble is growing. On one hand, the preamble is used as a tool in the interpretation of unclear constitutional norms, while on the other, it serves as a measure of the constitutionality of the law. The preamble, depending on its content, can have legally binding power, although the framers of the constitution may not have explicitly intended it. This increasing trend of the constitution having to be analyzed as a unique, integral whole is fueling all-inclusive research of this unjustifiably neglected section of the constitutional structure. Hence, this paper aims to analyze the historical origins and content of the preambles of modern constitutions.

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A Comparative Examination of Identity Theft Laws in Hungary and France

A Comparative Examination of Identity Theft Laws in Hungary and France

Author(s): Dávid Tóth / Language(s): English Publication Year: 0

Identity theft is an evolving criminal phenomenon that can affect individuals, societies, and economies. This comparative law article analyzes the regulatory frameworks related to identity theft in Hungary and France. The article discusses how each country criminalizes identity theft, reviewing the penalties for offenders, perpetration conducts, and the subjective side of the crime. The goal is to identify the advantages and drawbacks of the legislation in these two systems and give recommendations for lawmakers on how to improve them in the future. The research methodology consists of a comprehensive literature review, critical legislation, and legal practice evaluation. Legal practitioners, policymakers, law enforcement agencies, the academic community, government agencies, international organizations, and the general public can benefit from the insights and recommendations offered by this research.

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Komparativna analiza instituta miraza u rimskom pravu i pravu u Bosni i Hercegovini za vrijeme austro-ugarske uprave

Komparativna analiza instituta miraza u rimskom pravu i pravu u Bosni i Hercegovini za vrijeme austro-ugarske uprave

Author(s): Ervina Ibrahimović,Ena Morankić / Language(s): Serbian Publication Year: 0

The authors in the work will analyze the rules of dowry in Roman law and the law of Bosnia and Herzegovina during the Austro-Hungarian administration. The first part of the thesis will deal with the development of the dowry and its characteristics in Roman law. The institution of the dowry, like other legal rules in Roman law, has been elaborated upon by jurisprudence, but its legal regulation has remained insufficiently explained. The dowry was at the beginning of the development of the Roman state regulated by customary law, to be in time, under the influence of state interventionism, regulated by legal rules. His legal regulation went from considering dowry like husband's property to remaining the full property of wife. The second part of the paper will relate to the regulation of the dowry institute in Bosnia and Herzegovina during the Austro-Hungarian administration. In that period, religious law was applied to the Bosnian population in the regulation of private law relations, depending on the membership of the religious group. The paper will attempt to answer the question of whether the dowry was considered a hereditary part of female heirs, and how the said question was regulated in that context. The Austrian General Civil Code (hereinafter OGZ) was applied in Bosnia and Herzegovina as a subsidiary source of law. The basis of the OGZ was Roman law, and the article will analyze to what extent the Roman law solution was accepted and maintained, especially in view of the fact that the principle of gender equality in the field of marriage law was accepted. The dowry as a legal institution in the modern world is disappearing, but in some places it still has far-reaching social consequences.

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Ebû Hanîfe’nin Batı Hukuku’ndaki Yeri -Örnekleri İle Çözümsel Karşılaştırmalı Hukuk Araştırması

Ebû Hanîfe’nin Batı Hukuku’ndaki Yeri -Örnekleri İle Çözümsel Karşılaştırmalı Hukuk Araştırması

Author(s): Mehmet Nuri Güler / Language(s): Turkish Publication Year: 0

Ebû Hanîfe’nin hukuk anlayışını sağlam olarak ortaya çıkarıp, günümüz hukuk aleminin yararlanmasına sunmak için, onu İslâm Hukuku terimleri ve anlayışları dışındaki günümüz hukuk terimleri ve anlayışları ile tercüme etmek ihtiyacı, bir problem olarak görülmüştür. Bunu karşılamak üzere, “Ebû Hanîfe’nin Hukuk Anlayışının Batılı (Avrupa) Hukuk Ekolleri Arasındaki Yeri” amaç edilmiştir. Bu amaç, bir çözümsel karşılaştırmalı hukuk araştırması ile gerçekleştirilmiş ve yayımlanmıştır; ancak bunda, Ebû Hanîfe’nin, hemen hemen sadece görüşleri doğrultusunda bir belirleme yapılabilmiştir. Bu bakımdan, bu araştırmanın uygulamaya yönelik bir araştırmayla tamamlanması önerilmiştir

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MONEY LAUNDERING OFFENCES IN THE CRIMINAL LEGISLATION OF ROMANIA AND THE REPUBLIC OF MOLDOVA – A COMPARATIVE STUDY

MONEY LAUNDERING OFFENCES IN THE CRIMINAL LEGISLATION OF ROMANIA AND THE REPUBLIC OF MOLDOVA – A COMPARATIVE STUDY

Author(s): Radion Cojocaru,Andrei Nastas,Daniela Șoimu / Language(s): English Publication Year: 0

The effective prevention and combat of money laundering constitute a consistent priority for the world’s states, an activity based both on the adoption of international or regional standards and the implementation of their own national preventive systems. Literally, the international and European concern aims to identify solutions to enhance transborder cooperation regarding the suppression of money laundering. In the context of this research, through the comparative method of studying law, the legislation of Romania and the existing legislation of the Republic of Moldova in the field of money laundering prevention were analysed. Besides the cognitive understanding of the phenomenon, such a study provides the opportunity for the Republic of Moldova to adopt positive experiences from Romania’s reference legislation, which is based on rich European experience and best practices in the field of preventing this transnational phenomenon.

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