Scholarly record
INTERNATIONALIZATION AND EUROPEANIZATION OF THE GENERAL PRINCIPLES OF LAW THROUGH STANDARDIZATION
Abstract
Purpose: Establishing the place and importance of the General Principles of Law in the European context, with the connotations they have at the level of the Member States, as well as at the level of other states, in order to establish the indestructible link between them and the rules or norms of fundamental law or only of law private. Starting from the definitions of the General Principles on all the specified levels, the objectives to be achieved for a correct interpretation of the application of the law are to be established. Objectives: Bringing the General Principles to the fore and correlating them with the legislation agreed by states worldwide and, of course, European. The consideration of the General Principles in the context of the already established existence of Fundamental Human Rights, in the TFEU Charter and the provisions of the Statute of the International Criminal Court, in the absence of other international provisions in private law. Proposals and methodology: Establishing a unitary legislative framework in the field of General International Principles that is subject to the approval of the states and that is compatible with the General principles at the European level accepted as such by the Member States and not only. As a methodology, it should be discussed at the level of world legal forums and then recommended to states for approval. Results and implications: The results would be immediate and would involve world and regional forums that would interpret under the auspices of these General Principles the manner of applying the rules and norms, because the limiting function of the rules and rights in force in the Law system, delimits the essential core of it, or the content depending on the adoption of one theory or another, and theories abound in the field.
Publication Impact Profile
Publication details
References9
I. A. Seres, O. Shlomovits and P. R. Tiwari, CryptoWills: How to Bequeath Cryptoassets, 2020 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), Genoa, Italy, 2020, pp. 417-426, DOI: 10.1109/EuroSPW51379.2020.00062.
Lesavre, L. et. al., A taxonomic approach to understanding emerging blockchain identity management systems, Computer Security Division, Information Technology Laboratory, DOI: 10.6028/NIST.CSWP.01142020.
Reynolds, L., Estate planning for digital assets: A practical guide for attorneys, Journal of Legal Technology Risk Management, 8(3), 2013, pp. 54-66.
Codul Civil Roman (The Romanian Civil Code), retrieved from https://legislatie.just.ro/Public/DetaliiDocument/175630
Bera, L., e-Proprietatea: Cum va schimba noul sistem digital evaluarea ?i impozitarea proprieta?ilor in Romania, Ziarul Unirea, 2024, retrieved from https://ziarulunirea.ro/eproprietatea- cum-va-schimba-noul-sistem-digital-evaluarea-si-impozitareaproprietatilor- in-romania-895288/#google_vignette
Lynner, N. B, Inherit the cloud: The role of private contracts in distributing or deleting digital assets at death, Fordham Law Review, 83(799), 2014, pp. 1-57, SSRN: https://ssrn.com/abstract=2561871.
Pew Research Center, What happens to your digital life after death?, 2013, retrieved from https://www.pewresearch.org/short-reads/2013/12/02/what-happens-to-yourdigital- life-after-death/
Nitu, M., & Negrutiu, C., The digital assets and their role in the management of the estate, Proceedings of the International Conference on Business Excellence, 15(1), 2021, pp. 601-610, DOI: 10.2478/picbe-2021-0056.
McKinnon, L., Planning for the succession of digital assets, Computer Law & Security Review, 27(4), 2011, pp. 362-367, DOI: 10.1016/j.clsr.2011.03.002.
View or Download full articleAccess options
SWS access login
Login as SWS Scientific CommitteeLogin as SWS Scientific PartnerLogin as SWS AuthorAuthors and approved SWS contributors will read and export their own linked papers after identity matching by SWS profile, email and SGEM GlobalID.
For librarian assistance: [email protected]
Purchase Instant Access
- Article can be downloaded after successful payment.
- Article may be used according to SWS library access terms.
- Article cannot be redistributed.
