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Search: 978-619-7105-25-4Year: 2014clear all
Showing 101-127 of 127 records
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LEGAL FUNDAMENTALS OF VOLUNTEER ACTIVITY

(STEF92 Technology, 2014, A. Nikitova, N. Zhilenko)

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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...

Law2014
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SOCIAL, PSYCHOLOGICAL AND LEGAL ARGUMENTS SUPPORTING THE OBJECTIVE SIDE OF THE CIVIL TORT OF PARENTS FOR THEIR CHILDREN'S UNDERAGE ILLEGAL ACT OR THOSE PLACED UNDER JUDICIAL INTERDICTION

(STEF92 Technology, 2014, Costache, M. P.)

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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 ...

Law2014
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OVERSTATING THE REAL (FULL) PRICE OF THE GOODS OR SERVICES AT THE DISCOUNT WEBSITES AS ONE OF THE POTENTIAL THREATS FOR THE CONSUMERS

(STEF92 Technology, 2014, Vitova, B.)

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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 ...

Law2014
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REDUCTION AND PREVENTION OF ART FORGERY BY CRIMINAL LAW MEASURES AND FORENSIC METHODS

(STEF92 Technology, 2014, Wilk, D.)

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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...

Law2014
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ROLE OF MORAL RIGHTS IN DIGITIZATION OF COPYRIGTED WORKS

(STEF92 Technology, 2014, Tallova, L.)

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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...

Law2014
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REFERENCES ON THE REGULATION OF THE PRE-EMPTION RIGHT IN ROMANIA

(STEF92 Technology, 2014, Mocanu, L.)

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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...

Law2014
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REPRODUCTIVE HUMAN RIGHTS

(STEF92 Technology, 2014, E. Belyaeva, E. Pankratova)

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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...

Law2014
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OBLIGATIONS OF SELLER IN C.I.F. CONTRACT UNDER ENGLISH LAW AND INCOTERMS 2010: A COMPARATIVE STUDY

(STEF92 Technology, 2014, A. Zahid, N. H. Inn)

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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...

Law2014
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SOME CONSIDERATIONS ON THE LIABILITY OF THE MANAGEMENT BODIES OF AN INSOLVENT COMPANY IN ROMANIAN LAW

(STEF92 Technology, 2014, Cojocaru, C.)

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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...

Law2014
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THE HISTORY OF THE INTERNATIONAL CIVIL PROCESS: INTERNATIONAL AND RUSSIAN PERSPECTIVE - SEARCH FOR PRIVATE AND COMMON

(STEF92 Technology, 2014, Yu. M. Lukin, L.V. Fatkhullina)

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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...

Law2014
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THE IMPLEMENTATION OF THE NE BIS IN IDEM-PRINCIPLE IN THE SUPREME COURT AND THE SUPREME ADMINISTRATIVE COURT OF FINLAND CONCERNING TAX FRAUD

(STEF92 Technology, 2014, Jilkine, V.)

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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 ...

Law2014
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THE IMPACT OF THE CONTRACT OF INHERITANCE ON THE PRINCIPLE OF FREEDOM OF TESTATION

(STEF92 Technology, 2014, Grgic, I. T.)

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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...

Law2014
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THE INFLUENCE OF ARTICLE NO.8 FROM EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS UPON ROMANIAN SUCCESIONAL LAW

(STEF92 Technology, 2014, Gelei, I.)

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This study is a doctrinaire material in European law of human rights matter and succesional law domain, the last one being a part of civil law. Its purpose is to review if there is an influence of Article no.8 from European Convention for the Protection of Human Rights and Fundamental Freedoms, which is regulating right to respect for private and family life , upon Romanian inheritance law and what it consists in.The utilized materials are bibliographical sources , which include European Convention on Human Rights...

Law2014
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THE FREEDOM OF RELIGION AND THE RIGHT TO RELIGIOUS FREEDOM

(STEF92 Technology, 2014, N. V. Dura, C. Mititelu)

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In the pages of this study, the reader has the opportunity to find out the new aspects of the issue regarding Religious Liberty due to a hermeneutical examination of the text of various national and international legal norms, which we corroborated them with the principles of the juridical doctrine, hence the personal contribution in approaching a matter that continues to be a predilect subject of the EU legislator. Among others thinks, in our study we managed to prove „a l'evidence” that from the wright to the...

Law2014
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THE FUNDAMENTAL RIGHT TO A HEALTHY AND EQUILIBRATED ENVIRONMENT

(STEF92 Technology, 2014, Constantin, E.)

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Nowadays, the environment has suffered many transformations, becoming severely endangered, with every day that passes. The importance of a healthy and equilibrated environment is increasing, whilst pollution becomes the main cause for the destruction of any ambient. I think that man, is the main being responsible for the degradation and pollution of the environment in which we live- but also man, is the only one that can save the nature from destruction, by adopting an adequate ecological behaviour and by stopping...

Law2014
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THE EMANCIPATION OF THE EUROPEAN CITIZEN BY AFFIRMING THE PATIENTS' RIGHTS

(STEF92 Technology, 2014, Erimia, C.)

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The courts are expected to establish the fair conclusions and justice; however in some instances court decisions might result with some economic costs and unfair situations for the economic actors. With this article we will study 1) some issues which might carry the potential unfair results by justice for the economy; 2) from where people expect in fact the fairness and positive impacts on the economy; 3) the reasons for negativities instead of positive results from court decisions; 4) some type of verdicts causin...

Law2014
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SOME ECONOMIC AND FINANCIAL NEGATIVITIES CAUSED BY COURT VERDICTS

(STEF92 Technology, 2014, Kesci, A.G.)

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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...

Law2014
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THE RIGHT TO A NAME BETWEEN THE PERSONAL IDENTITY AND THE BELONGING TO A FAMILY

(STEF92 Technology, 2014, Winkler, Sa.)

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The right to a name is a fundamental element of the single's personality. It is an expression of his/her identity, which reflects a single individual in the familiar and social context. In many legal systems the right to a name is considered to be just an aspect of the more complex right to identity, which represents one of the personality's right. Nevertheless, it must be pointed out that the name has a double dimension. Precisely, the internal dimension of the name guarantees the manifestation of personal identi...

Law2014
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THE PROPOSALS OF DEVELOPING THE CASE PREPARATION PANEL IN ECONOMIC COURTS IN EGYPT

(STEF92 Technology, 2014, Ghanem, M.)

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No one can deny that The current principles and structure of litigation in each country reflect the legal system and economy of that country. So, the short phrase "Access to Justice" means, or includes, access to courts and tribunals involved in the delivery of justice. Justice, as so administered, has to be available to all, on an equal footing. At the same time we can realize that: "The Phenomenon of the Slow Pace of Litigation" expands to include all wings of the judicial system, Civil, Criminal, and Economic I...

Law2014
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THE ROLE OF NON-GOVERNMENTAL ORGANIZATIONS: FEATURES OF DEVELOPMENT AND FUNCTIONING IN RUSSIA

(STEF92 Technology, 2014, Bokeriya, S.)

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The international non-governmental organizations (NGOs) play a noticeable role in world politics, being important actors in international relations. The paper seeks to examine the roles that non-state organizations play in Russia and analyze specific features of their functioning institutions and mechanisms of interaction with the national government. The paper uses historical comparative analysis methods to show, how non-governmental organizations are being developed and major trends of NGOs activity in Russia. T...

Law2014
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THE ROLE OF THE EUROPEAN COURT OF HUMAN RIGHTS TO ENSURE THE RIGTHS TO AFFAIR TRIAL IN FINNISH SUPREME COURT

(STEF92 Technology, 2014, V., Jilkine)

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The article discusses the importance and application of the European Convention's right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law in criminal cases in the Supreme Court of Finland, as well as the influence of the nature of the case the European Court of Human Rights the national legal system in Finland. Particular attention is paid to the judgment of the European Court of Human Rights, legal precedent and recognized principles and norms of int...

Law2014
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THE RULE OF LAW AS A MEANS OF PROTECTING FUNDAMENTAL SOCIAL VALUES

(STEF92 Technology, 2014, A. F. Magureanu, A. Aurel)

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The foremost role that a legal norm has, is the protection of a social value considered important, at a specific point in the history of a community. Rules of law and even principles of law are not generally considered as immutable, as the factors that determine them are changing over time. Considering the rule of law as being sacred, unchangeable, would definitely be a mistake. At the same time, changing the rules of law too often would create instability, legal uncertainty. Recently in Romania, for example, majo...

Law2014
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THE STATE AND THE CHURCH IN IV-VI CENTURIES. THE ROMAN EMPEROR AND THE CHRISTIAN RELIGION

(STEF92 Technology, 2014, N. V. Dura, C. Mititelu)

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The bases of the relations between the Roman State and the Church were established by the Edict of Milan in 313. In the IVth and VIth centuries, these relationships between "Imperium" and "Sacerdotium", recte between the State and the Church, were marked by the state interference in the life of the Church, derogating therefore its legal and canonical status of its autonomy, which brought along the subservience of the clergy in relation to imperial power. The imperial constitutions, the Acts of the Ecumenical Counc...

Law2014
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TIME AND PLACE OF THE FORMATION OF A CONTRACT - DEFINING ELEMENTS OF THE CONSENT IN MATTERS RELATING TO CONTRACTS

(STEF92 Technology, 2014, I. N. Militaru, C. Cojocaru)

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The contract is concluded at the time and the place where the offer meets its acceptance. The article aims to deal with these elements, as key aspects in forming the parties' consent. The time and place are different as it depends whether the contracts are concluded between parties personally or in the parties' absence. The specialized legislation in this field, in addition to the rules above, it distinguishes also between the time and place of distance contracts and the time and place of the conclusion of contrac...

Law2014
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THE WORLD TRADE ORGANIZATION LAW : SYSTEM APPROACH

(STEF92 Technology, 2014, Tyurina, N.)

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The World Trade Organization (WTO) is growing by its membership and its impact on the international life is increasing. However, the concept of the WTO law is still rather vague due to different views on the links between this legal system and the general rules of International Law. WTO law also differs from the understanding of the law of international organizations existing in the international law doctrine. The study of these issues became the purpose of the present paper, where the WTO law is considered in cor...

Law2014
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ACTIVITIES OF THE UNION OF GYPSIES IN SLOVAKIA IN 1968 - 1973 AS AN ATTEMPT TO HELP WITH GYPSY ISSUES

(STEF92 Technology, 2014, K JANAS, R. KUCHARCIK)

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Position of the Roma ethnicity in Slovakia is unsolved problem. Even the communist regime was forced to admit that the Roma problem really existed. It admitted that solving the Roma issue was inadequate. And more Roma population themselves were not interested in solving their specific problems. The existence of specific Roma organization seemed to be beneficial. Such organization would have knowledge of their environment, language, traditions and mental characteristics. Its aim was to engage Roma population in sol...

Political Sciences2014
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SYSTEM OF POLITICAL PARTIES IN THE SLOVAK AND CZECH REPUBLIC WITHIN THE CONTEXT OF THE ELECTION FOR EUROPEAN PARLIAMENT IN 2014

(STEF92 Technology, 2014, K. JANAS, R. KUCHARCIK)

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The evolution of political party systems in the Slovak and Czech Republic is very specific during last 25 years. It is really questionable if it is stabilized right now or if some other changes can be expected as still new parties emerge. The article deals with current position, influence and strength of relevant political parties in the Slovak and Czech republic within the context of the election to the European parliament in May in 2014 and compares the results with the last parliamentary election in both countr...

Political Sciences2014
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