Browse

Working conditions are permanently changing across all European countries, and this is mainly due to the development of technology. It is well-known that nowadays workplaces and work practices go through constant changes under the influence of new technology and of shifting economic and social conditions. Given the great variations that are registered from year to year in the very same member state, the harmonisation of the working conditions at the level of the European Union seems to be an objective almost impos...

Cooperation among ASEAN members at work bears the stamp of a special Asian civilizational approach to international law. For the regional community ASEAN is important to combine the ideal and optimal, legal and social values and practices that will help protect the interests and rights of workers, including migrant workers. Feature of the international legal regulation of labour within ASEAN is predominantly extra-contractual nature of the adopted acts, whether the ASEAN Declaration on the Protection and Promotion...

From among all the possible forms of establishing employment relationship only the indefinite-term employment contract guarantees the employee the widest scope of protection as regards the permanence of the employment relationship. Challenges of the contemporary labour market cause increasing popularity of the untypical forms of employment. The fixed term employment contracts may in certain cases meet the needs of both parties in the employment relationship. On the other hand in practice they are often overused by...

The present article is devoted conflicts western and non-western legal cultures and to possible ways of their overcoming. This research is possible with application of following methods: compare-legal approach, a history-legal method and synergetic approach.

We would have expected perhaps that the surprising statement made in 1997 by a French author, H. Le Nabasque - who, quite directly, did not hesitate to say that «the European company law is not a right of mobility of companies» – to become today an outdated paradox. And yet, while the right of secondary establishment (externalized through the companies'prerogative to establish subsidiaries, branches, agencies on the territory of Member States - other than the State of origin) became a real benefit of the inter...

In 2009, Malaysia lost the case of Salvors Sdn Bhd v. Malaysia, which resulted from a dispute over an investment agreement between Malaysia and the investor, a company owned and controlled by a British citizen. The investment agreement was to locate and salvage the wreck of the ship Diana off the coast of Melaka, a state of Malaysia. The dispute arose over the investor's additional claim of RM400,000, which the various Government departments refused to entertain. The matter was first taken to ad hoc arbitration, w...

Reexamination is an extraordinary remedy rooted in a long tradition of the Romanian procedural law, being acknowledged even before the issue of the 1865 Civil Procedure Code. This procedure was inspired from the Genovese and French laws, where reexamination was known under the name requete civile since 1667. This means of appeal is not specific to Romanian legislation, being used in other procedural rules, but it may be compared mostly to the French procedure. The paper focuses on how the procedure is regulated in...

With the accession of Romania and Bulgaria to the European Union, a number of EU Council regulations take precedence over the national law and they have direct and immediate applicability in the trials that the courts are judging from these two countries. Creating an area of freedom, security and justice in which it is insured the free movement of persons is an objective of the European Union, and for that, in the domain of judicial cooperation in civil matters, each state has taken legislative measures. Our study...

In this article the Author studies the fundamental components of the European legal y social consciousness, which formed the European identity and civilization in the Middle Ages. The object of the research is the legal sphere of the social consciousness from the point of view of legal psychology, history of law, theory of law and from the point of view of the social sciences and humanities. Therefore, the Author applies some interdisciplinary methods. The studied components of the legal consciousness in the resea...

The article analysis the procedural powers of the prosecutor at the stage of checking the received information about the crime. The analysis has been carried out taking into account the latest amendments in the Criminal Procedure Code of the Russian Federation, affecting the procedural status of the prosecutor at the initial stage of the criminal procedure, i.e. at the stage of criminal case initiation. The author examined three areas of prosecutor's supervision at this stage of investigation: prevention, detectio...

This article discusses issues related to the interdisciplinary research in law. In particular, the article focuses on interdisciplinary challenges related to research methods and concepts developed in economic science and used by company law scholars. In the scholarship of company law it has become traditional to combine comparative method (the main purpose of which is to compare the laws of different countries) and company law theory (explaining or providing arguments why certain relationships should be regulated...

The article analyzes the term “information” and its usage in the Russian labor law. The author notes that different synonyms are used in the labor law of the Russian Federation, particularly, the concepts of information, intelligence and data. The author describes various classifications of information, such as classifications based on institutes and subjects of the labor law, as well as based on availability of information. Moreover, the role of information in the Russian labor law is demonstrated.

History of human society is driven by mutuality of continuity and discontinuity. The manner in which society keeps its permanent inner order and passes it on further generations is realized substantially via law, legal norms and concepts. On the other hand, law is confronted by the changing conditions for its application in practice, and it has to adjust to the situations it regulates. Therefore, in law, just like in society, there is being drawn a line between the obsolete and new, a line between the world of the...

The aim of the research undertaken by author is to define the essence of two axiological values – justice and humanism – in the criminal proceedings from the point of view of their genesis, context, influence on historical types of criminal procedure system and adoption in the international law standards on human rights and in the modern criminal procedure law. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include ...

Using scientific knowledge from security in the Economy is not very frequented activity. The trade as important part of today economy and a part of its circular flow has many socio-economics functions. The retail is the endpoint of this distribution process. The attractiveness and the values of retail are grand enticement for many persons and parties, especially crime groups. The retail business claim adequate preserves. The ORC is a synonym for Organized Retail Crime, the sophisticated crime in retail sector in m...

Given its importance for health services, the pharmaceutical sector is subject to strict regulations. The existing regulatory framework in this area should not include unnecessary regulatory constraints restricting and limiting competition. Considering this fact, this article analyzes the existing control in competition law on the pharmaceutical market achieved at EU level. This paper aims to present the complex mechanisms of the pharmaceutical sector that have undergone a careful and consistent analysis both the ...

We consider many of the punishments from the antiquity as brutal and shocking, as we often forget that the humanist principle (humanitas) is relatively new in the history of mankind. There are 34 crimes that the Code of Hammurabi punishes with the death penalty, however death penalty is still in effect today, in some countries. Roman law has experienced a great variety of punishments such as: unequal combat versus a skilled warrior; scourging, poena cullei (the “sack punishment”); exile; branding on the forehe...

Given the strong impact of European Union law on domestic tax legislation, the aim of this paper is to assess whether such an impact and to what extent may be identified regarding the domestic procedural tax regulation. Despite general application and acceptance of principle of procedural autonomy of Member States, we are of the opinion that the above mentioned impact in this sphere is somehow underestimated. By use of the methods of analysis, synthesis, comparison and historical method, we would like to identify ...

This paperdiscussesthe history and the current situationof New China's human right education at university,reflects on the existingproblems of the current situationof New China's human right education, and tries to give some suggestions for its futuredevelopment. A lack of human right education at university fora long period since the new China was founded. Human right education appeared at university inthe 1990s, and developed quickly in the recent decade. Many colleges and universities of China open the human ri...

In any migration process of people are concerned about human rights issues, but the EU - also with regard to the rights for cross-border freedom of movement in the EU citizens Institute. Human regulatory framework has the most direct influence and importance in part of state borders and border control regulatory framework that applies to the major components of the state border regime - the order in which people and goods crossing national borders. The research was conducted in during period 2012 to 2014 using ana...

This paperdiscussesthe nature, connotation of the right to learn and itsrelationship with other relevantrightsby thenormativeanalysis, positive analysisand comparativeanalysis. itargues that the right to learn is a fundamental human right,which can be summarized as a personal right toacquire knowledge,to increase human's wisdom and to fully develop their potential through a variety of learning approaches and activities. With the arrival of the era of learning,the notion “right to education” can not meet thedev...

The issue of the legal future of the institution of criminal case initiation and its significance for Russian law enforcement practice is studied in the article. The author analyses the arguments of the scholars and practitioners, who on the basis of foreign experience of regulating the initial stage of pre-trial proceedings, put forward the idea of abolishing the initial step of the procedure and propose to make full preliminary investigation from the moment of receiving the initial information about the crime. T...

The present paper analyzes the most important Romanian Work conflicts in concordance with the law 53/2006 utilizing the mediation law 192/2006. Faced with these litigations we have the advantage of the mediation because we have the possibility to resolve the conflicts in a short time, to transform a bad situation in a new opportunity and to find solutions for long term. Why do we use this tool when we have a conflict in the work place? - We have the possibility to transfer to the person involved in the conflict th...

In the Czech society, corruption is perceived as one of the most pressing social threats. Corruption belongs to the problems which even the Security Strategy of the Czech Republic sees as a possible destabilization factor. Corruption, however, is not only connected to the national politics, it also refers to the lower levels: both regional and local politics. The aim of the article is to show how the elected political representatives at these two lower levels perceive corruption from the social, political and lega...

Nowadays, in principle, medical research in a human is not possible without its consent. Since duly valid consent to participate in a research can be given only by individual capable of giving informed consent, subject of authors' considerations is an issue: based on whose consent will persons incapable of giving independent consent participate in researches? This category includes: children, incapacitated adults and persons capable of giving informed consent who are temporarily disabled in reasoning due to specif...

Introduction. Considering the dynamic development of modern societies, over the recent years European states have been allocating more and more attention on mediations as an alternative means of dispute and conflict resolution, including conflicts in public and private law. European states have been both passing new laws and statutory acts and accepting new social norms pertaining to mediations, which has called for debates in societies. Following these tendencies in legal developments, the Republic of Latvia is c...

The origins of the history of advocacy in the particular countries of Europe may be put together based on all kinds of sources. Aside from the normative texts which, the closer we get to the modern era, the more often represent a required regulation in society which controls the access to providing advocacy services, numerous references about advocates may be found in literature. The laws, which were often very concise, may be, in many cases, confronted with the reports which reflect the social seriousness of the ...

This paper focuses on copyright aspects of disclosure of digitalized works within the European digital library Europeana project. The purpose of the online platform mentioned above – a platform that collects cultural treasures of libraries, museums and archives from all member states of the European Union – is to make European scientific and cultural heritage available for the general public. Digitalization and disclosure of the content of the library web portal is connected with many copyright aspects. This p...

The countries of the Western Balkans have gone through radical social and political changes over the last three decades. The region is composed of small states that are economically inter-dependent and that aspire full membership into the European Union (EU). The regional co-operation between the countries is scarce, and judicial co-operation is often hindered by political and legalistic obstacles. The obligation to exercise jurisdiction whenever there is one, even in cases when exchange of evidence among these co...

This paper analyzes the manifestations and reasons of infringement to the franchisors'trademark from the Chinese perspective in the franchising sector. Some judicial cases are selected and dissected to indicate the trademark rights to be protected in China and some countermeasures were put forward to protect the trademark rights from the franchisors'perspective. As the cornerstone of the franchise method of doing business, trademarks, symbols of goodwill, embody the great value and convey the valuable assets of th...

Out of all the branches of the law, labour law is the most vulnerable to the changes of the political, economic and social system. Taking into consideration the ongoing political, social and economic processes as well as the relevant legislation the aim of this article is to present the basic changes in the model of labour law which is now in force in Poland. By the analysis of particular stages of Polish labour law formation I argue that polish labour law has evolved from strictly national to transnational. The a...

Entry into force on October 1st, 2011, of Law no. 287/2009 on the Civil Code has brought up again into attention the problem of the commercial law autonomy [1], in fact an old topic in legal literature [2]. An analysis of the points of view stated lately in various studies or public conferences leads to the observation that the dominant note is the scepticism to the new configuration of the commercial matter. We have not the aim to identify the advantages or disadvantages of one system or another, although I funda...

This article is dedicated to mediation - one of the methods of international conflicts resolution and prevention and an alternative way to settle the disputes. Since the ancient times, mediation has been used to settle international conflicts and prevent wars between the cities – city-states. The mediators, as a matter of rule, usually were third party states. The German King Ludwig II (VIII BC) pronounced himself a mediator and contributed to the resolution of private and political disputes within his kingdom [...

This contribution deals with the issue in the field of the maintenance as a part of the reform of private law in the Czech Republic, specifically with the implementation of the right of an authorized person to the provision after a death of an obligated person. The issue is examined by using systematic methods (the right to provision after the death of the breadwinner is viewed as a system composed of sub-elements), then by using the analytical method (analysis of the legislation and the knowledges in the literatu...

Ever since the Gentiles community, and then during the slave, feudal, socialist and capitalist systems, the inheritance right has undergone various transformations, generated by the context of social, economic and political developments specific to each period which we are referring to. During the Gentiles period, we cannot speak about "property rights" in a defined and complex way, as it is conceptualized today, but we can rather speak, within gentiles' tribes, about a "right of possession" over the hunting, fish...

Freedom to provide insurance services in the European Union means the possibility of concluding, by an insurance undertaking established in one Member State, as a service provider, the insurance contracts in another Member States without having a permanent organizational unit (such as branch, agency, subsidiary or representative). The first purpose of the research is an indication of uncertainties and interpretational doubts, which may affect the use of freedom to provide services by insurance undertakings on the ...

This study provides basic analyses in a specific area of drugs abuses. Problem is widely known and presented as a specific antihuman crime with high profit. Effect of drugs using and abused, is usually analysed in different terms of solving, especially in criminology, and as the problem of detecting and documenting crime for process of evidence. Study provides orientation on aspect of regional, global and specific European threats for personal health and security due new drugs and expectations for Law regulation. ...

Romanian labour and industrial relations legislation has undergone wide-ranging changes in recent years. The Social Dialogue Law No. 62/2011 repealed and replaced several laws regulating industrial relations. These measures were among the structural reforms aimed at meeting Romania's budget deficit reduction targets, restoring macroeconomic stability and employment growth. This paper looks at the main legislative amendments regarding collective bargaining in Romania, including social partners' representativeness, ...

The study is devoted to the analysis of legal regulation of volunteer activity, and to the formulation of suggestions on the improvement of Russian legislation in the sphere of volunteer activity.Carrying out of the research is based on international, foreign and domestic sources of a normative and recommended character.The research was conducted on the basis of an integrated approach and the principle of methodological pluralism.The international level of legislation is represented in the study by the U.N.O., Int...

Based on the concept of civil tort conceptualization, this study will be focused on analyzing, in the current legislative context, the generated social and legal aspects of, on the one hand, the illegal acts of minors and of those placed under judicial interdiction, and on the other hand, the dynamics of the family environment that wishes to support a fundamental principle, that of ensuring the best interests of the minor. In order to support an objective basis of liability for the minor's act, apt to reflect the ...

The article focuses on the analysis of consumer protection within the online discount vouchers, sales on so called discount websites. Their practices may be a dangerous and unknown territory to most consumers. Still, there is no complex legal regulation of this young and rapidly growing business in the Czech legal environment. In practice there are several problematic issues discussed with connection to the sale on discount websites. The most questioned are the character of the legal relationship of parties, when ...

Art forgery is one of the most important issues of art and antiques market which can be reduced and prevented by criminal law measures. Art fakes can be detected by expert witness who applied forensic science methods. Access to specialized knowledge from three fields of science, i.e. criminal law, art history and forensic science is necessary to handle with art forgery. Therefore, the research was focused on criminal law and forensic science issues. Because expert witnesses (forensic science experts) pose a crucia...

Digitization, preservation and online access to copyrighted works are lively topics in the knowledge society. The process of digitization of cultural heritage is besides its undisputed benefit in the form of possibility of permanent preservation of cultural heritage also connected with a range of copyright related issues. Moral rights, which are (in the continental system) part of copyright law, are the most sensitive legal obstacle to digitization and online disclosure of copyrighted works. In many cases, these o...

Having a legal or contractual origin, the pre-emption right plays an important role in the creation of legal acts. Reborn after 1989 in the Romanian legislation, the pre-emption right is definitively acknowledged among the institutions enjoying a general legislative acknowledgement in the new Civil Code. In fact, together with the entry in force of the new Civil Code, the rules enforceable up to that point have been considerably changed, as well as the lawmaker vision on the pre-emption right. At the same time, va...

The continuous reduction of the population in the Russian Federation is a serious reason to develop a concept of reproductive rights by Russian legislators which would first of all consider the interests of the nation as a whole. The Russian legislation which does not define the legal status of a human embryo, in which induced termination of pregnancy is considered to be legal, and which gives no legal ground concerning substitute motherhood. In our opinion, such an approach to understanding reproductive rights do...

This paper compares the obligations of the seller of goods under a c.i.f. contract (cost, insurance and freight) governed by English law vis-a-vis Incoterms 2010, which are endorsed by the International Chamber of Commerce (I.C.C.). It chooses the following obligations for this purpose: the delivery of the goods corresponding to the contract, delivery of documents including bill of lading, buying insurance, packing of goods, passing of property and passing of risks.This study is undertaken because this will help t...

The legislation in Romania has experienced significant changes in recent years, one of them being the introduction of the new Civil Code on 1 October 2011. This Code repealed the Commercial Code previously existing, commercial provisions being taken over by this new Civil Code. Therefore, the provisions of the Civil Code apply also on the liability of the company's management bodies, along with the Romanian special legislation, which is in accordance with the European regulations, including on matters related to t...

History of international civil process has begun from the process of intuitive decision rules that would have solved the problem of resolving disputes involving foreigners at national level. Only later process of scientific and doctrinal justification worded its existence and fixed on the level of international treaties. Formation of international civil procedure in the article traced from the ancient Egypt to Europe of XX century. Authors also pay attention to the regional aspects of the penetration and establish...

The article discusses about ne bis in idem-principle, which is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originated in Roman Civil Law, but it is essentially the equivalent of the double jeopardy doctrine used in Finnish Supreme Court and the Supreme Administrative Court. Nowadays ne bis in idem-principle is one of the fundamental values of all modern legal systems, which is increasingly used in the Supreme Court and the Supreme ...

Numerous advantages of contractual devices in the field of inheritance law, as well as the trends of development of the succession law, imposed the need to devote special attention to the impact of contract of inheritance on the principle of freedom of testation, as the reflexion of the principle of autonomy of will in the inheritance law. The comparison of various legal systems showed great divergences regarding contracts of inheritance: legal regulations varied from its wide acceptance (Germany, Switzerland), th...