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Mitigating Circumstances in the Current and the New Criminal Code. Comparative Examination

Author(s):Ion Rusu 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 96-108
In this paper we conducted a general review of the provisions relating to mitigating circumstances and their effects on the current conditions. It was also undertaken a comparative examination of the mitigating circumstances of the provisions of the current Criminal Code compared with those of the New Criminal Code. The research is focused on examining the provisions of the New Criminal Code and on formulating critical opinions. The paper can be useful to theorists and practitioners in this field in terms of entering into force of the New Criminal Code. The essential contribution of the work, its originality lies within the general examination of the rules governing the legal and judicial mitigating circumstances, their effects under the New Criminal Code, the comparative examination of current provisions, and the expressed critical views.

Reflections regarding the concept of local interest within public law

Author(s):Alexandru Dana Georgeta 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 109-117
Through this study we aim at performing an analysis of the concept of local interest, having as prerequisites the doctrinal debates regarding the general interest. The examination of this concept occurs in relation with the new trends, as concerns the exercise of competences at local level, respectively with the elements that define the interest of the community and its means of application within the life of the local community. Our research aims to establish theoretically the notion of local interest, an approach that we carry out within a difficult environment, whereas the notion of interest is fluctuating, being constantly modified under the pressure of the evolutions of social and economic needs. The results and the essential contribution of the material consist in the establishment of a framework that would offer to local authorities the practical possibilities for identifying the landmarks that surround this concept and that has to be harmonised with the values of modernity in order to respond better to the needs that are expressed.

Forgery from the Point of View of Criminal Illicitness, Putative Deeds and Disregarding Fides Publica

Author(s):Pocora Monica, Mihail Silviu Pocora 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 118-123
Forgery by its nature, always harms the trust that people are forced to have and need to grant one another in the relations among themselves or which they should show for the things usually considered as the expression and evidence of truth. While for the offenses committed by violation of trust, this is the rule applied intuitu personae, taking into account the personal condition of the person to whom trust is granted, in forgery crimes trust is given in rem, meaning to the thing per se perceived as being the expression of truth. Thus, we are not in front of a violation of trust given to certain people, but in front of the trust granted to the thing which is assumed legally the characteristic of expressing the truth, but truth which has been altered. This paper aims to be an interdisciplinary approach, starting from the criminological meaning rendered to public trust and up to its legal effects produced, set into criminal or extra-criminal content, an approach derived from applying the method of observation.

Obligation Guarantees in the New Romanian Civil Code

Author(s):Silvia Lucia Cristea 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 124-133
This study starts from the analysis of the juridical regime of the mortgage that “migrates” from the sphere of the real rights towards the juridical regime of the receivables’ rights! The article contains an analysis of the legal regime of the mortgage according to changes made by the new Romanian Civil Code. This idea is supported by legislative arguments deriving from regulations of the pledge in the new Romanian Civil Code (sect. 2), of the mortgage (sect. 3), from the comparison with other similar juridical institutions (sect. 3). The conclusions explain how useful is to change the juridical regime of the real guarantees and the international dimension of trade. The study is one of the latest presentations doctrinal matter, with special insight into mortgage securities, legal institution whole new for the Romanian Civil Code. Despite the fact all the observations are theoretical, novelty approach makes reading not only addresses their academics, and practitioners: judges, lawyers, notaries.

The Institution of Juridical Assistants inthe Current Romanian Legislation.The Necessity Of Reform in Accordance with Examples Offered by Comparative Law

Author(s):Lavinia Onica Chipea 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 134-143
The paper analyzes the institution of judicial assistants in the context of the current Romanian legislation and the specialty legal literature. The presentation of doctrinal views on the need for reform of this institution, the examples from comparative law systems (German, English, French), the conclusions of our own study carried out by means of sociological inquiry, whose subjects were specialists actually involved in the process of solving individual labor conflicts, represented the necessary support for the formulation of suggestions of a ferenda law meant to improve and streamline its operation. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, of the process of specialization of labor jurisdiction in the Romanian legal system.

Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far 144-158

Author(s):Oluwakemi Mary Adekile 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 144-158
Objectives: This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an analytical assessment of selected core heads of claims in tort, the paper reveals the inadequacy in the foundations of tort law and its regulation of claims for personal injury in Nigeria. Implications: It finds that fault as the primary foundation of tort law in Nigeria creates a large volume of uncompensated plaintiffs, who, without an efficient alternative social security to fall upon, have to personally bear their losses. In the light of this, the paper uses examples from other jurisdictions to recommend that tort law in Nigeria is in need of more legislative intervention. Value: The paper recommends that the provision of a sustainable compensation system for personal injury is imperative for social justice in Nigeria.

Law and Order or Global Disorder

Author(s):Bidzina Savaneli 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 159-176
Substantial problem of Humankind is at the junction of Philosophy, Sociology and Jurisprudence. Based on my attempt to harmonize philosophies of Kant, Hegel and Husserl, and studies of famous legal scholars Bentham, Ostin, Holmes, Kelsen, Ehrlich, Reinach, Hart, Llevellin, Kardozo, David, Dworkin, Rawls concerning the problems of public law, private law, comparative law, justice, human rights, post-modernism, and Georgian philosophical, sociological and legal traditions since XII century, I discovered a synergetic model of dialectical, spiral, evolutionary and mutual transformation of irrationalism and rationalism as the effective method of conflicts prevention and peacefully resolution at the International, Regional, National and Local levels under the auspice of Bill of Human Rights.

Legal Connotations of the Trichotomy Responsibility-Liability-Accountability

Author(s):Mirela Costache 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 177-182
The objective of this research is to examine in brief the relationship between responsibility, liability and accountability, based on the conceptualization of these concepts and the role that they play in asserting and maintaining the social order. Viewed from the comparative side, the approach will be directed to areas where we find the full assertion of the three concepts, thus the perspective helps in supporting the principled nature, but at the same time complementary of the three concepts. Using content analysis, through a descriptive documentary research and analysis of the specialized literature, this study aims at identifying the content of the above mentioned concepts, presenting a point of view on the commonly used terminology from the legal or socio -moral perspective.

Border Dispute in the Adriatic Sea between Croatia and Slovenia

Author(s):Sandra Fabijanić Gagro 
Journal: Acta Universitatis Danubius. Juridica
Publisher:
Abstract
| Pages: 5-17
This Article represents an overview of long-running border dispute between two neighbouring states – Republic of Croatia and Republic of Slovenia in the maritime area of the Northern Adriatic. Despite more than two decades of unsuccessful efforts, including several documents controversial on one or both sides, there are still some disputable points waiting for the final settlement. It is expected to be reached by the Arbitration Tribunal established by the Arbitration Agreement between Croatia and Slovenia, signed in 2009. Without any doubt, this Agreement represents a step forward in their mutual efforts toward peaceful solution, but also contains few open questions to be resolved by the Arbitration Tribunal. In this Article the author presents brief overview of long-time efforts that led to the conclusion of the Arbitration Agreement, as well as the main components that has to be considered – strong political demands in relation to preserve territorial integrities of both states and – at the end – to accomplish a peaceful solution in accordance to the rules of international law.
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