INTERNET AND THE JURIDICAL REALITY

Author(s): MIHAIL NIEMESCH / Language(s): English Issue: IX/2015

Currently, the day-to-day reality confirms that the Internet is one of the major factors influencing people’s lives, and therefore the juridical phenomenon on the whole. Moreover, national legislation and jurisprudence, as well as the society, are strongly and essentially influenced by the Internet, as a factor of configuration. Certainly, the Internet has also negative parts, like life in general. To remove them, during the interaction man-Internet it is necessary to keep in mind the classical and sacred values of humanity: moral, religion, principles, as values with many positive sides, beneficial for the society.

WHAT IS AND WHEN DOES HABEAS CORPUS APPLY?

Author(s): Mădălina Elena Feraru / Language(s): English Issue: XII/2018

The first impression when we hear this term, “Habeas Corpus”, makes us think that it might be something religious, but we do not have to confuse Habeas Corpus with Corpus Christis. The latter refers to the time during the Catholic mass when receiving Holy Communion.

ASPECTS OF THE DEVELOPMENT OF THE ROMANIAN STATE AND LAW AFTER DECEMBER 1989: NATIONAL MINORITIES: RIGHTS AND REPRESENTATION

Author(s): Andrei Tinu,Cătălin Boboc / Language(s): English Issue: XIII/2019

In the Carpathian-Danubian-Pontic region, a series of migrators have settled between the 3rd and 13th centuries and have evolved over time, together with the main Romanian element or within the framework of some state hyperconstructions (Kingdom of Hungary, Ottoman Empire, Tsarist Empire, Austro-Hungary, etc.), or, especially, after December 1, 1918, within the Romanian state, whose current borders were established by the Paris Peace Treaty, signed on February 10, 1947 and published in the Official Gazette number 199 of August 30, 1947 (Articles 1 and 2). At present, national minorities are represented in the national parliament, either in both chambers (Senate and Chamber of Deputies), as is the case with the Hungarian minority, or with one representative in the lower chamber of the legislative forum, as is the case with the other 18 ethnic minorities.

PROTECTION OF MATERNITY AT WORK ACCORDING TO THE LABOR CODE OF 1950

Author(s): Ana Hermina Iancu / Language(s): English Issue: 4 (49)/2020

The Labor Code of 1950 referred to Chapter XI in the work of young peopleand women, laying down in five articles rules of protection in the workplace of pregnantwomen, who were breastfeeding or caring for children up to two years old. Such provisionswere taken over and developed by the Labor Code of 1972. The labor protection regime ofpregnant women, who were breastfeeding or who had children under 2 years old was anadequate one, in accordance with the international acts elaborated by the Internationa lLabor Organization.

Výběr z nové právněhistorické literatury

Author(s): Author Not Specified / Language(s): Czech Issue: 3/2020

REST TIME OF THE EMPLOYEE IN THE ROMANIAN LABOR CODE OF 1950

Author(s): Sorin - Alexandru Vernea / Language(s): English Issue: 1 (50)/2021

Through this paper, the author analyzes the rest time, as regulated in the first Romanian Labor Code, adopted in 1950. The paper is divided into three sections, the first aimedat identifying rest time regulations in the legislation prior to the first Labor Code, the second onthe analysis of the provisions of the Labor Code 1950 and the third containing considerations onthe acceptance of the provisions regarding the rest time in the Labor Codes of 1972 and2003.Finally, brief conclusions were drawn regarding the evolution of the legislation

Ottlik László újrafelfedezése

Author(s): József Szabadfalvi / Language(s): Hungarian Issue: 2-3/2020

Ottlik László: Válogatott írások. Szerk. Molnár Attila Károly Századvég, Budapest, 2020. 672 old., 5990 Ft Hungaria Aeterna

Revista „Dreptul” la 150 de ani

Author(s): Ovidiu Predescu / Language(s): Romanian Issue: 01/2021

THE LEGISLATIVE UNIFICATION OF THE ROMANIAN PRINCIPALITIES (1859–1866)

Author(s): Sevastian Cercel / Language(s): English Issue: XXI/2020

In the period 1859-1866, the Romanian Principalities carried out an ambitious program to endow the new state with modern institutions. The legal system was organized in accordance with the needs of a European state, and the adopted legislation is fundamental to modern Romanian law. The elaboration and adoption of the major codes are noticeable: the Civil Code, the Civil Procedure Code, the Criminal Code and the Criminal Procedure Code. During a reign of only seven years, through an extraordinary political will, completed by a special vision of the needs of Romanian society, Alexandru Ioan Cuza managed to lay the normative and economic bases of modern Roman

Acolo unde îngerii ezită să pătrundă

Author(s): / Language(s): Romanian Issue: 4/2020

“LEGALITY” OF THE LEGAL ORDER IN POSTWAR SERBIA FROM 1944 TO 1946: ORGANIZATION AND WORK OF THE JUDICIARY

Author(s): Valerija Dabetić / Language(s): English Issue: 4/2020

The judiciary in Serbia is heir to a long tradition of political influence, which was particularly visible during the communist regime after World War II. Violations of the presumption of innocence, retroactive sentencing and a denial of basic human rights are just some of the features of the work of the postwar “judiciary” in Serbia, between 1944 and 1946. This paper analyzes the implications of revolutionary legislative activity, the structure and organization of the Military Court and the Court of Honor, and examines to what extent the dominant political culture, implemented through the state coercive apparatus, influenced judicial adjudication. The paper elaborates on Radbruch’s idea of “statutory lawlessness”, Fuller’s notion of “procedural natural law” and “internal morality of law” and argues that the postwar law of communist Serbia did not exercise formal and procedural justice, and cannot be called a legal system in the full sense of the word.

MAURITIAN TORT LAW

Author(s): Goran Georgijević / Language(s): English Issue: 4/2020

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

Vývoj přípravy řidičů v českých zemích do roku 1989

Author(s): Jan Štemberk / Language(s): Czech Issue: 1/2021

The paper sums up the requirements and demands for the driver training in Czech lands from the early 20th century to 1989. This period is associated with several political changes that were reflected also in the training of drivers. In this context, the paper focuses on the driving schools and their legal status, the entitlements for obtaining a driving license and the individual groups of these driving licenses. Since the obligation to undergo a driving test before driving had been implemented (1905), the content and difficulty of the driver training as well as other requirements (such as medical or professional) had been discussed. Particular attention is paid to the transformation of involvement of the state and the role it played in the trainings. The text of the article is largely based on the analysis of various legislations. To reveal the reality of the driver training and driving schools’ activities, relevant archive sources and partly contemporary literature were used.

Proces USA vs. Karl Brandt et al. a jeho význam pro rozvoj lékařské etiky v oblasti lékařských experimentů v prvních dvou dekádách po konci II. světové války

Author(s): Jan Beránek / Language(s): Czech Issue: 1/2021

The paper deals with the topic of the first Subsequent Nuremberg Military Trial USA vs. Karl Brandt et al. also known as “Doctors trial” or “Medical trial” and its importance for the development of medical ethics in the modern era. The paper discusses circumstances, which led to the trial, the philosophy behind it and the actual proceedings of the tribunal. The author tries to analyze the defenses of the defendants as well as the main arguments of the prosecutors. The aim of the second part of the article is to analyze the impact of the so-called Nuremberg Code, the set of medical ethical rules, which were defined in the judgment of the Tribunal, on the development of the modern medicine ethical principles. In the final part of the paper, the author tries to sum up positives and negatives of the proceedings and its subsequent impact on the medical profession.

BEMERKUNGEN ZUM VERHÄLTNIS ZWISCHEN DEM ALLGEMEINEN TEIL DES PRIVATRECHTS (ZIVILRECHTS) UND DER TRADITION DES RÖMISCHEN RECHTS

Author(s): Gábor Hamza / Language(s): German Issue: 4/2020

The author of this study traces back the origin of the notion of "General Part"(Allgemeiner Teil in German) to the century's old tradition of Roman law (Civil law). He points out that the origin of the term "General Part" cannot be found in the sources of classical and postclassical Roman law. The most renowned representatives of the German Pandectist School i.e., Pandectist Legal Science developed the concept of "General Part"during the preparation of the codification of private (civil) law during the 19th century availing themselves, however, of the Roman law tradition dating back to the previous i.e. medieval legal science.

COLONII ȘI ARENDA PĂMÂNTULUI ÎN ROMA ANTICĂ

Author(s): Marilena Marin / Language(s): Romanian Issue: 4/2020

The present paper analyzes the legal situation of the colonists - semi-free people, land cultivators, in the period of ancient Rome, as well as the particularities that the land lease has experienced in relation to the colonist, in the same period of antiquity. We have had as starting point the status of the colonist within the framework of the Roman society along with a brief characterization of them in order to properly understand the reasons for establishing a particular type of relation with the lands and the corresponding owners of them. Hereinafter, we have considered the sources of the lease agreement as well as the outcome/impact of the contract, in particular the rights and obligations of the settlers.The topic that might be labelled as out of interest has been intended to create a general overview in respect of the people and their relationship with the lands in general with focus on the period of ancient Rome. At the same time, the analysis has been directed towards an in-depth study as regards the legal relationship on which the lease contract was based, starting from the perspective of the great professor Vladimir Hanga, who expressed the idea according to which "Every legislation is related to the society from which it comes and on which it depends".The research method in point of the text has been the observation and analysis of documents, the exact identification of the tackled concepts in respect of time and space, but also an accurate understanding of the legal situation of the colonists - semi-free people who worked the land during ancient Rome.

GHEORGHE MÂRZESCU ȘI VOCAȚIA LIBERTĂȚII. DESPRE UN PROFESOR UITAT AL FACULTĂȚII DE DREPT DIN IAȘI

Author(s): Dan Constantin Mâță / Language(s): Romanian Issue: 4/2020

Professor Gheorghe Mârzescu's contribution to the development of legal education at the University of Iași is essential. A French legal expert, he was actively involved in the institutional and didactic consolidation of the Faculty of Law in its first years of operation. The fact that for a long time he did not have the status of professor shows us the difficult context in which the foundations of the university education from Iasi were laid. Through his works Gheorghe Mârzescu is the founder of the scientific study on civil law at the University of Iași. He was a follower of liberal values and a constant promoter of the principle of laicization, which is why he openly came into conflict with the representatives of the Church. Despite this complexity, the life and work of Professor Gheorghe Mârzescu are less well known today, often being mistaken for his son, an important politician at the beginning of the interwar period. This article aims to bring back to life some of the complex valences of this personality, emphasizing its founding role and the vocation of freedom that he has permanently promoted.

STUDIUL DREPTULUI ÎN ȘCOLILE ROMEI ANTICE

Author(s): Cristina Pop / Language(s): Romanian Issue: 4/2020

As the only legal rules known in the Roman Kingdom were the archaic fas, Roman education from monarchy was an education suitable for traditional people, instilling in youth the respect for the customs of the ancestors. Moreover, because Roman civilization did not develop autonomously, it assimilated the structures and techniques of the much more evolved Hellenistic one. Therefore, Roman legal education system was based on the Greek thinking and, under certain aspects, it was created from the desire of citizens to have a Law education. If at the beginning of the Republic we observe an informal legal education system, with the beginning of the Empire, this field changed gradually, finding a final form in the Dominate.

LATE REPUBLICAN (R)EVOLUTIONS IN ROMAN LAW

Author(s): Philip Thomas / Language(s): English Issue: 4/2020

In this article it is argued that the re-organisation of the Roman military by Marius prepared the way for the following civil wars and dictatorships rather than the inherent failures of the republican constitution. This paper sketches the socio-political context of Cicero’s life and holds that this last republican left an important theoretical body of legal work besides his court work. Cicero’s moral philosophy is reflected in his belief in natural law and his staunch partisanship for the power of good faith in Roman law.

ASUPRA EXISTENȚEI ȘI UTILITĂȚII DREPTULUI NATURAL: EVOLUȚIA UNUI CONCEPT

Author(s): Cristina Tomuleţ / Language(s): Romanian Issue: 4/2020

In this article, I approached the concept of natural law, starting with the analysis of some of its first definitions developed by Cicero. Moving toward recent history, I demonstrated the usefulness of this concept in the context of dealing with legal systems specific to dictatorial regimes. Next, I presented arguments proving the existence of natural law and I determined its content, referring to the general principles included in it, which underpin positive law, and to its importance in terms of ensuring respect for fundamental rights. In the final part of this article, I analyzed the confrontation between jusnaturalism and legal positivism in order to highlight even more clearly the features of natural law. Last but not least, I stressed the importance of choosing a jusnaturalistic legal mindset in order to prevent and fight against legal systems that are manifestly contrary to natural law.