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.

DREPTUL LA PARTICIPARE POLITICA EFECTIVA A MINORITATILOR NATIONALE SI DREPTUL INTERNATIONAL AL DREPTUL INTERNATIONAL AL DREPTURILOR OMULUI. RECOMANDAR

Author(s): Roxana Alina Petraru / Language(s): Romanian Issue: Special /2010

Political participation and representation of minorities is an important aspect of a democratic society, ensuring that the interests of the minorities are recognized and realized in the best way possible, in a friendly and open environment and encouraging loyalty to the state among its minorities. In pursuing their interests, minorities often face under-representation or even non-representation in public life. The right to participation cannot be effectively exercised without the adequate respect of other rights such as freedom of expression, freedom of assembly and freedom of association. All political decisions and their implementation have greater validity, better quality and improved chances of success if minority representatives take part in them along with representatives of the majority. Various aspects of political participation in practice have been elaborated by treaty monitoring bodies such as the Human Rights Committee and the Advisory Committee of the Framework Convention. Moreover, a group of experts convened under the auspices of the OSCE High Commissioner on National Minorities developed the so-called Lund Recommendations on the Effective Participation of National Minorities in Public Life.

More...

EVOLUTIA DREPTULUI MEDIEVAL ROMANESC SPRE PRIMELE MANIFESTARI ALE DREPTULUI MODERN - EPOCA FANARIOTA

Author(s): Magda–Ioana Iacob / Language(s): Romanian Issue: Special /2010

Latest collections of law with broad implications of canon law were the two projects in the general code prepared by Michael Fotino inTara Romanesca in 1765 and 1766. Legal Imports continued but with the older Byzantine source of inspiration, new ones are emerging, the western origin, the main source of Calimachi Code in 1817 was the Austrian Civil Code of the lawyer 1811.Realized by Chr.Flechtenmacher Brasov, Store code however, had as sources of inspiration the land custom, law and the right Byzantine reign. But for a profound shift towards a new era was needed to produce a profound change in the type of medieval property, improper conditioning her character exchange economy that requires a full ownership property. How old was found by turning right dominium directum the substance and value of jus abutendi dominum a useful part in a free timeshare, and second the possibility of capitalizing on the basis of jus prisoaselor fruendi, that in Roman law.

More...

SCURTE CONSIDERATII PRIVIND CASATORIA SI CONCUBINAJUL IN LUMINA REGLEMENTARILOR DIN NOUL COD CIVIL

Author(s): Codruţa Hageanu / Language(s): Romanian Issue: Special /2010

The paper covers only an overview of marriage and cohabitation, emphasizing the aspects of novelty introduced or reintroduced by the new Civil Code relating to such institutions, namely the marriage legal age, parental consent for marriage of an underage young people, expansion of the effects of the presumption of paternity also in the case of concubines etc. Finally, there is provided a historical and comparative analysis of the posthumous marriage, an institution of the French civil law, presenting the historical conditions in which it was adopted, the legal requirements and its effects.

More...

RECENZIE. REGIMUL JURIDIC AL DOBANZII MORATORII, AUTOR Maria DUMITRU

Author(s): Liviu Pop / Language(s): Romanian Issue: Special /2010

RECENZIE. REGIMUL JURIDIC AL DOBANZII MORATORII, AUTOR Maria DUMITRU REVIEW. LEGAL REGIME OF THE MORA INTEREST, AUTHOR Maria DUMITRU „Regimul juridic al dobanzii moratorii” este o lucrare originala si de certa valoare stiintifica in materia obligatiilor. Dovada peremptorie a acestei afirmatii o constituie si premierea ei in anul 2010 de catre Uniunea Juristilor din Romania, revistele „ Dreptul” si „Palatul de Justitie” precum si de catre Societatea „Titu Maiorescu”

More...

MODERNITATEA EUROPEANA SI FILOSOFIA DREPTULUI NATURAL

Author(s): Cristian Bocancea / Language(s): Romanian Issue: Special /2010

European modernity is based on a sum of shifts in the sphere of political-legal reflection, which subsequently projected themselves in the practice of civil government and in daily structures. Among these shifts, the philosophy of natural law stands out by dislocating the theological way of founding sovereignty and by laying the foundations of a rationalist and contractualist paradigm.

More...

THE NUCLEAR NON-PROLIFERATION TREATY: CONTEMPORARY LIMITS AND CHALLENGES

Author(s): Nicoleta Lasan / Language(s): English Issue: 3-4/2011

The nuclear states club includes nine states, in comparison to only five nuclear states that existed at the moment of entering into force of the Nuclear Non-Proliferation Treaty in 1970. Nuclear proliferation had a significant evolution during the Cold War, but also in the post-Cold War period, which is also known as the second nuclear era. In these circumstances, it becomes necessary to make a critical analysis of the Nuclear Non-Proliferation Treaty, the basis of the current nuclear nonproliferation international regime. Despite the successes recorded in the application of this treaty, which include among others the raise in the number of state parties to this treaty and the limitation of the number of state which proliferate, the nonproliferation regime suffers from limitations and has to respond to new challenges among which: the impossibility of attracting all of the states as parties to the NPT, the absence of efficient mechanisms for the application of the treaty provisions but also the increase in the number of states wishing to use nuclear technology for military purposes.

More...

FORENSIC DNA ANALYSIS

Author(s): Calina Andreea Munteanu / Language(s): English Issue: 3-4/2011

DNA became a valuable forensic tool in identifying the source of physical evidence left at a crime scene. The use of restriction fragment length polymorphism analysis in the mid-1980s was replaced by polymerase chain reaction methods, which required less high-molecular-weight DNA, were more rapid and more economical. Mitochondrial DNA can be used to provide identifying information when nuclear DNA is insufficient to generate a full genetic profile. Forensic DNA Typing charts the progres and development of DNA applied to criminal forensic, providing certain demonstration of the amazing potential of this method, not only to convict the guilty, but also to exonerate de innocent. DNA analysis has its roots in classical genetics, biochemistry, and molecular biology and it has recently become a major player in criminal investigations and the identification of suspects. This article emphasizes the advantages and limitations of various DNA techniques used in the analysis of forensic evidence. The author presents forensic DNA issues from both a scientific and a legal perspective.

More...

IDEOLOGICAL FOUNDATIONS OF ADMINISTRATIVE CENTRALISM IN THE 20TH CENTURY

Author(s): Ana-Maria Ambrosă / Language(s): English Issue: 3-4/2011

Nowadays, state reform is a fundamental theme for public authorities and the civil society and its major goals are to reduce bureaucracy, to increase transparency in decision-making (democratisation) and to transfer competence toward local communities. All these political-economic targets come under the concept of decentralisation. Yet,despite a very strong localist, autonomist and decentralising movement, there are also deep traces of centralism. It lay at the basis of the construction of the modern state and it had not only constitutional but also social connotations (the authoritarian redistribution of welfare). 20th century state centralism was based on a series of conducts derived from the mechanisms of socialisation and from those related to the satisfaction of human needs, on a psychological propensity called “voluntary servitude” as well as on some great ideological movements. The main idea in our study is that all the ideologies of the 20th century promoted centralism and this regardless of their positioning on the left or on the right side of the political line. The communist left and the fascist extreme right used centralism in order to gain absolute control of society; democratic doctrines (from social-democracy to liberalism and Christian-democracy) used centralism as a means of operation within the Welfare State and as a way of mustering resources in view of a possible conflict during the Cold War.

More...

THE CONSTITUTIVE CONTENTS OF ROBBERY

Author(s): Dinu Lazarescu / Language(s): English Issue: 3-4/2011

All human societies have thoroughly disapproved of robbery as a deed through which a person appropriates a good belonging to somebody else. In various law systems, this deed has been vehemently incriminated, and when the robber used violence to accomplish his action the crime was called robbery and was drastically sanctioned. Since it has a high degree of social hazard, robbery is rejected by most citizens, its accomplishment trenching upon the elementary human rights. Through its concrete contents, robbery trenches upon a person’s fundamental attributes: on the one hand, property, on the other hand, freedom, bodily integrity, health, and sometimes even life itself. Therefore, robbery is a complex crime because its contents join, according to the law-maker’s will, robbery, on the one hand, and violence and threat on the other hand, crimes which are distinctly incriminated by the penal Code. However, when violence or threat was used to do the robbery, or when they followed it, there is a close connection between robbery and violence or threat, which has led to an approach that considers it one criminal unit.

More...

INTERNATIONAL ORGANIZATIONS AND THEIR QUALITY OF SUBJECTS OF PUBLIC INTERNATIONAL LAW

Author(s): Roxana Alina Petraru / Language(s): English Issue: 3-4/2011

International organizations have demonstrated their important role in the system of international relations especially in the economic, social, fields as well as in the field of protection of human rights. They are not only instruments of cooperation between states, but also tools destined to raise awareness on the realities of a world going through a globalizing process. International organizations have both an intern and international legal personality. Their skills are normative, operational, of control and sanction. Their quality of subjects of public international law is acknowledged both by the doctrine and by international treaties.

More...

INTERACTION OF EUROPEAN POLICY IN RESEARCH, DEVELOPMENT, INNOVATION WITH EUROPEAN ECONOMIC AND SOCIAL COHESION POLICY

Author(s): Gabriel Lazăr / Language(s): English Issue: 3-4/2011

European policy in research, technological development and space and European economic and social cohesion policy, governed by the Treaty of Lisbon, are of a great importance for European law and, consequently, for the standard of living of European citizens, because of the basic ideas it promotes: convergence and excellence. Aho Report, in fact the Commission Communication “Putting knowledge into practice: a broad-based innovation strategy for Europe” in 2006, highlights the connections between the two policies and outlines an Euromarket European research and innovation for Europe.

More...

HOLDING WITH THE PURPOSE OF GIVING TO CIRCULATION OF COUNTERFEIT CURRENCY

Author(s): Mihai Ştefănoaia / Language(s): English Issue: 3-4/2011

Art.282 par. 2 rep. to art. 284 Penal Code with appl. of art. 41 par. 2 Penal Code The penal sentence number 407 from 14.10.2009 of the Courthouse of Suceava, regarding the defendants B.P. and B.E., both of them being prosecuted for committing the crime of “holding counterfeit currency with the purpose of giving it to circulation”, stated by art. 282 par. 2 rep. to art. 284 Penal Code with application of art. 41, par. 2 Penal Code.

More...

CURRENT LEGAL ISSUES IN CIVIL MATTERS – THE THEORY OF IMPREVISION

Author(s): Catalina- Elena Tudurachi / Language(s): English Issue: 3-4/2011

The theory of imprevision represents the answer given by the doctrine and the case-law concerning the fate of the performance of the contract, therefore of having its essential effect desired by both parties in the context of the appearance of such situations, the theory being approached by authors in monographic studies due to the economic context brought about by the passage from the hyper-centralised etatised economy to an economy which is based on demand and supply. The study aims at analysing the fact that the judicial intervention in a contract affected by imprevision is only apparently against the Article 969 from the Civil Code, in fact, we witness the present tendency of safeguarding the lawful relation between the contracting parties by maintaining its existence taking into account the adaptation to new circumstances.

More...

MORTGAGE OF SHARES AND SOCIAL PARTS – FROM CONSTITUTION TO CONCLUSION

Author(s): Maria Dumitru / Language(s): English Issue: 3-4/2011

The entry into force of the new Civil Code1 generated many changes in private law regulations. Among those that are highlighted by their legal life implications include those generated by the introduction of mortgage securities. This study does not aim to analyze mortgage securities as an institution. Being a vast subject, mortgage as an institution should be the subject of a monograph and its approach in a few pages could only be superficial. From the broader issue, our approach aims to draw a single aspect: the legal route of mortgage securities from constitution to conclusion.

More...

THE LEGAL NATURE OF SOVEREIGN GUARANTEES: ONE LESS ADMINISTRATIVE CONTRACT?

Author(s): Simona Gherghina / Language(s): English Issue: 3-4/2011

Public guarantees may be issued in various forms, as the applicable legal provisions are permissive enough to allow the use of private law forms of guarantees. In this context, the legal effects of public guarantees are much close to those of private law guarantees, and such similarity is also explaining their intensive use as forms of public support to economic activity. This study aims to analyse the legal nature of public guarantees on two levels: first, to determine whether public guarantees, especially those issued by public authorities, are contracts or administrative acts, concluding on their contractual nature in all cases, and, subsequently, to qualify such contract as being administrative or belonging to private law. Still, describing the public guarantee contract as a private law contract does not preclude the application of imperative public law norms concerning the issuance of the guarantee and the further action of the issuer.

More...

PROTECTION OF PERSONS AFFECTED BY THE DEPOSIT TRANSFER INSTITUTED WITH THE SPECIAL ADMINISTRATION OF A CREDIT INSTITUTION

Author(s): Rada Postolache / Language(s): English Issue: 3-4/2011

The maintenance of trust in the Romanian banking system is mainly insured by the institutionalization of a guarantees system, which insures the restitution of the deposited amounts of money, but also the damages given to depositors, should a transfer of deposits occur. This system is regulated as measure in the context of a credit institution restructuring, by article 24011 paragraph (2) letter b) and article 24012 paragraph (1) letter d) of the Emergency Ordinance No. 99/2006 on credit institutions and capital adequacy. Depositors’ protection has a specific legal system, is integrated in special administration and is subject to our present analysis which uses law as working instrument.

More...

THE PROTECTION OF THE PRIVATE LIFE IN THE PRESENT AND NEW CRIMINAL CODE

Author(s): Olivian Mastacan,Lavinia-Mihaela Vladila / Language(s): English Issue: 3-4/2011

The paper treats the actual way in which our legislation protects the private life from the criminal and constitutional few. We have presented also the perspective in which the new criminal code assures the protection of this right. The paper proposes also to make a general analysis of the principles aplicable in the Romanian law.

More...

THE MANDATE BETWEEN SPOUSES UNDER THE PROVISIONS OF THE CIVIL CODE

Author(s): Nadia-Cerasela Aniţei / Language(s): English Issue: 3-4/2011

In order to perform various acts and operations that are required to be met by the spouses during marriage and to give legal certainty to the civil circuit, in the interests of third parties in good faith who would deal with the spouses, the new Civil Code established by art.314 the conventional mandate between spouses. We note that the conventional mandate between spouses, regulated by art.314 of the Civil Code shall fall within the general terms that define the contract of mandate. Research literature indicates that although art.314 of the Civil Code has a clear and concise regulation expressing the essence of the conventional mandate between spouses institution, however this legal text cannot answer all questions that might arise in practice in connection with this mandate. Thus, to find the best solutions, we will need to refer to other articles of law, to the fundamental principles of civil law, to the contract of mandate of the new Civil Code, and to the extent possible, to the doctrine.

More...

STATISTIC REGARDS ABOUT CUSTOMERS PREFERENCES

Author(s): Maria Radu / Language(s): English Issue: 3-4/2011

The analysis of individual customer styles and values (analysis Life Styles Inventory LSI) is a development tool that allows people in any environment to identify and understand their preferences and patterns of thinking styles and how they perceive themselves. LSI analysis offers the opportunity to discover and improve behavior and thinking styles, which will lead to increased productivity in socio-economic and cultural life, better results, better use of own resources, and other structural changes which will help increase performance. The implementation of a statistical survey questionnaire can turn into statistical information the processing the customers’ preferences. Customer preferences can be analyzed but also influenced to some extent and method comparison and statistical survey provides relevant data necessary for overlapping strategic decisions.

More...

THE SENSE OF JUSTICE: SOME TEMPORAL EXTENSIONS Review for the volume „Despre dreptate intre generatii” (‘On Justice Between Generations‘), Axel Gosser

Author(s): Gabriel Radu / Language(s): English Issue: 3-4/2011

The competition of the theories of justice advanced to new challenges by scrutinizing both the future and the past. Some authors consider that such an approach would not bring anything new, because they believe obligations to future generations are legitimated by belonging to our actual moral community. The uncertain corelation between the hazard of existence of future people and current policy decisions fueled a lot of dilemmas regarding the very existence of any right of those who will live in the future. Next generations, their identities or even their numbers may depend on the decisions we take today.

More...