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PROCEDURE FOR THE DISBANDING OF A DOCUMENT IN THE EVENT OF CLOSURE ORDERED BY FOLLOWING THE DEATH OF THE SUSPECT OR DEFENDANT

PROCEDURE FOR THE DISBANDING OF A DOCUMENT IN THE EVENT OF CLOSURE ORDERED BY FOLLOWING THE DEATH OF THE SUSPECT OR DEFENDANT

PROCEDURE FOR THE DISBANDING OF A DOCUMENT IN THE EVENT OF CLOSURE ORDERED BY FOLLOWING THE DEATH OF THE SUSPECT OR DEFENDANT

Author(s): Andreea-Simona Uzlău,Georgian Toma / Language(s): English / Issue: X/2022

Keywords: seizure of the document; cancellation of the registered; ranking;

The procedure of confiscation or cancellation of documents is a legal operation of a criminal nature that has the role of restoring legality and removing possible harmful situations. Due to the characteristics it has, at first glance it can be said that it represents a legal institution with features exclusively specific to the field of criminal law, but after a closer analysis, it can be seen that it has in its composition elements that have consequences including regarding the civil side. By the procedure established by art. 5491 C. proc. C., in resolving the civil action in the criminal proceedings, the court may proceed to the abolition of a document, in the event that it is the result of committing an act of forgery. 0The amendments made in this field by the legislator are a novelty element, since, unlike the old legislation, where the prosecutor could order the measure of special confiscation, and as regards the abolition of a document, the civil court was seized, currently, the judge of the preliminary chamber is notified for ordering both measures. Even if the death of the suspect or defendant is ascertained, the judicial bodies still have the obligation to take the necessary steps to confiscate or abolish the documents related to possible crimes in order to protect the interests of individuals. The link between that legal institution and the scope of the law of succession is very close, since the application of these provisions prevents the possibility of opening the way to an inheritance from the commission of a criminal act.

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GENDER EQUALITY AND THE INSTITUTION OF INHERITANCE A COMPARATIVE LAW PERSPECTIVE: INDIA AND ROMANIA

GENDER EQUALITY AND THE INSTITUTION OF INHERITANCE A COMPARATIVE LAW PERSPECTIVE: INDIA AND ROMANIA

GENDER EQUALITY AND THE INSTITUTION OF INHERITANCE A COMPARATIVE LAW PERSPECTIVE: INDIA AND ROMANIA

Author(s): Marieta Safta,Prabhpreet Singh / Language(s): English / Issue: X/2022

Keywords: right to inheritance; gender equality; constitutional review;

India and Romania are two legal areas between which there are considerable differences, determined by historical, cultural developments and specific traditions, which have left their mark on the evolution of legal norms. From this perspective, the legal regime of the institution of inheritance is one of the most marked by the cultural differences and traditions existing in the two countries, especially when the principle of equality in general and gender equality is at stake. The study aims to explore the constitutional and legal basis of the right to inheritance in the two states from the perspective of the principle of gender equality, revealing both the history of regulations and the influences that global developments in this field have on the regulations and jurisprudence of the two states.

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KILLING AT THE REQUEST OF THE VICTIM AND THE POSSIBLE IMPLICATIONS OF THIS CRIME ON THE INSTITUTION OF DE JURE DEBARMENT

KILLING AT THE REQUEST OF THE VICTIM AND THE POSSIBLE IMPLICATIONS OF THIS CRIME ON THE INSTITUTION OF DE JURE DEBARMENT

KILLING AT THE REQUEST OF THE VICTIM AND THE POSSIBLE IMPLICATIONS OF THIS CRIME ON THE INSTITUTION OF DE JURE DEBARMENT

Author(s): Georgian Toma,Iulia Nistor / Language(s): English / Issue: X/2022

Keywords: debarment; killing at the request of the victim; sanction;

Inheritance is an independent institution, but it is closely related to other important legal concepts specific to civil law, such as family and property, as well as other branches of law, including those in the field of criminal law. The correlation between inheritance and the matter of criminal law results from the need to meet the conditions of those called to inherit in order to have a succession vocation, being one of the imperative conditions imposed by the legislator in this regard. In carrying out this correlative process, the debarment appears as a civil sanction that intervenes in the situation when one of the persons called to inherit is guilty of committing a very serious crime against the deceased. The de jure debarment it is determined by the nature of the crime committed by the successor, the category of these facts, although limited, has a number of special features that often raise serious problems of interpretation for practitioners. Killing at the victim's request is one of the crimes that can lead to a state of unworthiness along with other crimes that present a much higher degree of danger. Thus, it is included in the category of some of the most serious crimes, although there are many differences from them.

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PRACTICAL CONSIDERATIONS REGARDING THE DUTIES OF THE SECRETARY GENERAL OF ADMINISTRATIVE TERRITORIAL UNITS IN OPENING SUCCESSION PROCEEDINGS

PRACTICAL CONSIDERATIONS REGARDING THE DUTIES OF THE SECRETARY GENERAL OF ADMINISTRATIVE TERRITORIAL UNITS IN OPENING SUCCESSION PROCEEDINGS

PRACTICAL CONSIDERATIONS REGARDING THE DUTIES OF THE SECRETARY GENERAL OF ADMINISTRATIVE TERRITORIAL UNITS IN OPENING SUCCESSION PROCEEDINGS

Author(s): Claudia Bărbat / Language(s): English / Issue: X/2022

Keywords: secretary general of the administrative territorial unit; Administrative Code; succession proceedings; notification;

This article is an analysis of the practical aspects of the duties of the secretary general of administrative territorial units in matters of succession. The article examines the administrative procedure for serving the notification to open succession proceedings, as described in the Administrative Code and in other legal acts.

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EXIT FROM UNDIVIDED OWNERSHIP OF JOINT HEIRS. WAYS AND MEANS

EXIT FROM UNDIVIDED OWNERSHIP OF JOINT HEIRS. WAYS AND MEANS

EXIT FROM UNDIVIDED OWNERSHIP OF JOINT HEIRS. WAYS AND MEANS

Author(s): Daniel Cătălin Chifor / Language(s): English / Issue: X/2022

Keywords: periodic property; undivided ownership; heir; property right; partition;

Periodic property is a legal institution newly introduced by the adoption of the Civil Code [1], being found in the contents of articles 687-692. It can be seen as a form of property right in which each holder exercises in his own name and personal interest the prerogatives of his property right for specific periods, which are repeated successively and perpetually, at regular intervals, involving at least two holders, natural or legal persons. Periodic ownership is not to bse confused with joint ownership, as in periodic ownership each holder exercises the right of ownership alone and there are several owners of the same property and not several co-owners of the same property. [2] Like any facet of property rights, it covers moments of its division, moments of the creation of new resulting real rights and moments when it ceases to exist in its original form. The study will set out the ways and means by which periodic ownership ceases, transforming/returning to its basic form.

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HOMICIDE AT THE REQUEST OF THE VICTIM, CONSEQUENCES ON SUCCESSOR UNWORTHINESS

HOMICIDE AT THE REQUEST OF THE VICTIM, CONSEQUENCES ON SUCCESSOR UNWORTHINESS

HOMICIDE AT THE REQUEST OF THE VICTIM, CONSEQUENCES ON SUCCESSOR UNWORTHINESS

Author(s): Ioana Mălăescu,Remus Ionescu / Language(s): English / Issue: X/2022

Keywords: Succession; homicide at the victim’s request; succession unworthiness;

Succession unworthiness is a legal institution with a long tradition, drawing its origins in Roman law. Beyond the way it has been regulated over time and the cases that have attracted this civil sanction, the foundation of the institution lies in the idea that it would be unfair and immoral for a person to be fit to inherit the deceased against whom he proved unworthy. Although it is unanimously accepted that no one can open their way to an inheritance through murder, the intervention of the indignity of law in the case of committing the crime of homicide at victim’s request seems to find no justification.

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THE NON-PENALTY CLAUSE CONSISTING IN THE WITHDRAWAL OF FALSE TESTIMONY

THE NON-PENALTY CLAUSE CONSISTING IN THE WITHDRAWAL OF FALSE TESTIMONY

THE NON-PENALTY CLAUSE CONSISTING IN THE WITHDRAWAL OF FALSE TESTIMONY

Author(s): Bogdan Vîrjan / Language(s): English / Issue: X/2022

Keywords: false testimony; cause of impunity; criminal case; notarial procedure; false statements;

In this paper I have made a brief analysis of the cause of impunity provided by Article 273 (3) Criminal Code in the case of the crime of false testimony. According to this nonpenalty clause, the witness shall not be punishable if they withdraw their testimony, in criminal cases, before the defendant’s detention or arrest, or before the commencement of the criminal action or in other cases before a decision or another solution is given, following the false testimony given. The offense of false testimony consists in the act of a witness who, in a criminal, civil or other proceeding in which witnesses are heard, gives false statements, or does not tell everything they know regarding the essential acts or circumstances in relation to which they are heard The crime of false testimony has raised certain legal issues in the judicial practice. Moreover, in connection with this crime, an appeal was admitted in the interest of the law in connection with the relationship between this crime and the offense of favoring the perpetrator, by which it was established that this crime cannot be retained in formal competition with the crime of favoring the perpetrator. At the same time, a preliminary ruling was given on the quality of active subject of the offense of false testimony of the whistleblower who benefits from the non-penalty clause provided for in Article 290 (3) of the Criminal Code in the case of the crime of bribery. Considering certain points of view expressed in the doctrine regarding the cases in which non-penalty clauses of this crime may intervene in criminal cases, as well as the specificity of other proceedings in which witnesses are heard, I have proposed an analysis of this non-penalty clause from the perspective of the situations in which it can be invoked and the particular situation imposed by the succession procedure in cases where it is necessary to hear witnesses.

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REGULATION NO. 650/2012 VERSUS REGULATION NO. 2201/2003. MEASURES RELATED TO SUCCESSION OR PARENTAL RESPONSIBILITY?

REGULATION NO. 650/2012 VERSUS REGULATION NO. 2201/2003. MEASURES RELATED TO SUCCESSION OR PARENTAL RESPONSIBILITY?

REGULATION NO. 650/2012 VERSUS REGULATION NO. 2201/2003. MEASURES RELATED TO SUCCESSION OR PARENTAL RESPONSIBILITY?

Author(s): Anca-Magda Voiculescu / Language(s): English / Issue: X/2022

Keywords: succession with cross-border implications; parental responsibility; international competence; prorogation of competence;

In the context of freedom of movement in European Union, successions with crossborder implications have already generated juridical and practical difficulties, even more enhanced in case of successions involving minor heirs, sometimes without legal representation. In this last hypothesis, a guardian ad litem is necessary to be appointed. The act of designation itself, as well as the subsequent acts concluded by the guardian (e.g., inheritance settlement agreements), generated discussions concerning their legal qualification (measures related to succession or measures related to parental responsibility), with direct consequences concerning juridical instruments applicable. There is a competition between two legal instruments of secondary law of the European Union, equally directly applicable and mandatory, respectively Regulation no. 650/2012 in matters of successions and Regulation no. 2201/2003 in matrimonial matters and matters of parental responsibility. Given that the two mentioned regulations contain different sets of provisions (which therefore generate different consequences), identification of the applicable legal instrument has an obvious importance, especially since cases that call into question this aspect have already begun to appear relatively often in practice.

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THE ECCLESIASTICAL SUCCESSION IN THE EUROPEAN SPACE

THE ECCLESIASTICAL SUCCESSION IN THE EUROPEAN SPACE

THE ECCLESIASTICAL SUCCESSION IN THE EUROPEAN SPACE

Author(s): Tiberiu Nicușor Chiriluță / Language(s): English / Issue: X/2022

Keywords: ecclesiastical succession; monk; anomalous inheritance; status; church legislation; special law;

The present study proposes for analysis a less known and accessible normative field, which lacks in terms of jurisprudence but which has often aroused attention by the way in which the succession rules of the Romanian law come into competition with the statutory provisions of church. We will identify special situations, which derogate from the common law in the matter of successions of hierarchs and monks and which bring to research the anomalous legacy. In order to have an overview of the regulations under analysis, we will study the issue from the perspective of the Statutes of the main Orthodox Churches in the European space with the regulations in force.

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LEGAL CONSEQUENCES OF THE RIGHT OF RETENTION OF ONE SPOUSE OVER THE PROPERTY OF THE OTHER SPOUSE IN THE EVENT OF INHERITANCE DEVOLUTION

LEGAL CONSEQUENCES OF THE RIGHT OF RETENTION OF ONE SPOUSE OVER THE PROPERTY OF THE OTHER SPOUSE IN THE EVENT OF INHERITANCE DEVOLUTION

LEGAL CONSEQUENCES OF THE RIGHT OF RETENTION OF ONE SPOUSE OVER THE PROPERTY OF THE OTHER SPOUSE IN THE EVENT OF INHERITANCE DEVOLUTION

Author(s): Paul-Augustin Puşcaş / Language(s): English / Issue: X/2022

Keywords: right of retention; spouse's property; inheritance devolution; retention;

The right of retention established by Article 352(2) of the Civil Code by way of security for the benefit of the spouse who has paid the joint debt relates to the other spouse's own property, until the debts owed by the latter to the former have been paid in full. We have therefore noted that the scope of the object of this right of retention with a special nature is broader than that of the right of retention governed by the provisions of Articles 2495-2499 of the Civil Code – the common law on the subject, since it is no longer necessary to establish a link between the property on which the right of retention is established and the debt that generates this right. The same is the case with regard to the right of retention provided by the special regulation of Article 365 of the Civil Code. In both situations, the death of the spouse, prior to the settlement of the debts for which the right of retention provided by the two legal texts mentioned above was established, may give rise to important and diverse consequences in the case of inheritance devolution, circumstances analyzed in this study.

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ASPECTS REGARDING EXERCISING SUCCESSION RIGHTS BY MONKS ACCORDING TO STATE LAWS AND ECCLESIAL RULES

ASPECTS REGARDING EXERCISING SUCCESSION RIGHTS BY MONKS ACCORDING TO STATE LAWS AND ECCLESIAL RULES

ASPECTS REGARDING EXERCISING SUCCESSION RIGHTS BY MONKS ACCORDING TO STATE LAWS AND ECCLESIAL RULES

Author(s): Cosmin-Ionuţ Tudor / Language(s): English / Issue: X/2022

Keywords: church legislation; canonical right; monastic vows; the monks and nuns succession rights;

The importance of succession in the Church has been preserved up to the present. Today, basing its Status and regulations of organization and functioning on the canonical principles and according to the present civil legislation, the Romanian Orthodox Church may succeed both lay people and hierarchs or other members of the clergy, using its legal right to succession guaranteed by the State. In the present research I shall attempt a concrete juridical analysis regarding the exercise of the succession rights by monks and nuns, starting the analysis from the present legislative norms regarding the institution of succession in Romania and I will also research the Christian-Orthodox tradition regarding monastic life, especially the canonical and ecclesial stipulations that address the juridical situation of the assets after the decease of the monks and nuns.

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SUCCESSORAL CAPACITY OF THE LEGAL ENTITY EXISTING ON THE DATE OF OPENING THE SUCCESSION

SUCCESSORAL CAPACITY OF THE LEGAL ENTITY EXISTING ON THE DATE OF OPENING THE SUCCESSION

SUCCESSORAL CAPACITY OF THE LEGAL ENTITY EXISTING ON THE DATE OF OPENING THE SUCCESSION

Author(s): Alexandru Dudău / Language(s): English / Issue: X/2022

Keywords: successoral capacity; anticipated capacity; the principle of the specialty of succesoral capacity;

The successoral capacity of the legal person has some peculiarities as opposed to the successoral capacity of the natural person, especially regarding the type of inheritance to which the legal person is effectively entitled, namely the testamentary inheritance of the deceased, as well as the date from when is effective the succession liberality in case of the capacity of anticipated use, respectively from the date of the deed of establishment or, in case of testamentary matters, from the date of opening the testator's inheritance. The successoral capacity of the legal person is also distinguished by its limited / specialized nature: the legal person can have only those rights and can only undertake hose obligations that are not reserved by law to individuals, and i case of legal persons for non-profit – patrimonial purposes, the successoral capacity is limited only to acquiring by bequest hose rights and obligations that are necessary for the achievement of the purpose established by law, the deed of incorporation or the statute. Finally, we also point out that regarding the legal persons of public law, respectively the Romanian State and the Territorial Administrative Units, their successoral capacity, unlike the other legal persons, is not limited only to the modality of testamentary liberality by legacy, but they have the legal right to collect vacant inheritances.

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THE SUCCESSION CAPACITY OF THE MISSING MINOR

THE SUCCESSION CAPACITY OF THE MISSING MINOR

THE SUCCESSION CAPACITY OF THE MISSING MINOR

Author(s): Lenuţa Giurgea / Language(s): English / Issue: X/2022

Keywords: child; social protection; inheritance; successible; succession capacity; succession;

Throughout the time, from ancient times to the present, the legislator's keen concern has been and it continues to be to establish the rights of successors to inheritance, with an increased focus on the protection of the children’s rights. We wonder why the legislator puts such emphasis and legislative pressure on ensuring that children's rights are respected. The answer is very simple and logical: through their own fragility and innocence children are vulnerable to have their rights and freedoms violated very easily. These violations are within the reach of adults either voluntarily or by simply neglecting the best interests of the child. When we speak of a voluntary violation, we are strictly referring to some sort of selfishness manifested by the adult who is entitled to the protection of the child. We can also talk about some degree of disobedience to the law due to the simple negligence shown by the adult.

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ACTION IN CLAIM – MEANS OF PROTECTION OF THE SUCCESSORS OF THE OWNER

ACTION IN CLAIM – MEANS OF PROTECTION OF THE SUCCESSORS OF THE OWNER

ACTION IN CLAIM – MEANS OF PROTECTION OF THE SUCCESSORS OF THE OWNER

Author(s): Raluca Cosmina Calancia / Language(s): English / Issue: X/2022

Keywords: means of defense; real action; legal regime; real estate; owner;

Over the irreversible passage of time, the human being has been in a continuous process of knowing the rules of conduct regarding the application of civil law. In this study, we will focus on the importance of the possibility offered to the holder of a real right to bring before the courts an action to regain his right. The fundamental law of the country governs that the right to property is guaranteed, private property being guaranteed and protected in the same way to whoever owns it. The action in the claim is a real action, because it is based on the very right of ownership of the claimed property. Its importance is evident due to its Regulation both in the old Civil Code and in the current Civil Code. Thus, on the basis of the general principles of civil law and of certain regulations preserved by the old Civil Code relating to movable and immovable property, what we call action for claim has been consecrated. In the literature1, action in claim is the action of the non-possessor against the non-owner.

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INHERITANCE IN ROMAN LAW – FROM A DENIED CONCEPT TO AN ARCHETYPE

INHERITANCE IN ROMAN LAW – FROM A DENIED CONCEPT TO AN ARCHETYPE

INHERITANCE IN ROMAN LAW – FROM A DENIED CONCEPT TO AN ARCHETYPE

Author(s): Alina-Monica Axente / Language(s): English / Issue: X/2022

Keywords: legal succession; will; inheritance vocation; reforms of the praetors; legal framework of inheritance;

To believe that Roman law is an allegory of the past, a legal construction without a correspondent in modern law is a sophistry due perhaps to the lack of depth in understanding the Roman spirit. The timelessness of the legal institutions created by the Romans finds its source in their very spirit painted in paradoxical nuances. Thus, as conservative as they were innovative. The meeting point of their conservatism, pragmatism and creativity can be likened to a real Big Bang in law. As a result, both the Continental legal system and the Anglo-Saxon system have deep Roman roots. While the Roman- Germanic system (especially our legal system) took over the legislative technique, the legal vocabulary, the Roman institutions and principles, the Anglo-Saxons surprisingly took over the very spirit of Roman law, a system of law in which fairness and good faith exceeds the limits imposed by formalism. The idea of transmitting the patrimony mortis causa has not animated the creators of Roman law since ancient times, being the product of a long ideological and social evolution. In the Gentile era, such an idea was inconceivable given that even the transmission of property by inter vivos deeds was not allowed. In this context, how can the transition from the vehement rejection of the concept of the transfer of property due to death to a system of succession that would be a real model for modern legal systems be explained? This article aims to answer exactly this question.

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SUCCESSION TO THE THRONE IN THE ROMANIAN MIDDLE AGES

SUCCESSION TO THE THRONE IN THE ROMANIAN MIDDLE AGES

SUCCESSION TO THE THRONE IN THE ROMANIAN MIDDLE AGES

Author(s): Andrei Tinu,Cătălin Boboc / Language(s): English / Issue: X/2022

Keywords: Succession; throne; reign; hereditary; inheritance; Middle Ages;

Succession has played, throughout history, an important role in establishing the poles of political and economic power. Moreover, the succession to the throne was a fundamental element of the institution of the reign, becoming an institution in itself. The succession to the ruling of a group gradually evolves in history, simultaneously with the evolution of legal norms and customs, from the slavery-type democracy, in which the coordination of the group, of the community, of the unions of community is collective, to the mixed elective hereditary system, for nomination of the successor of the ruler. Through this article, the authors aim to make a brief presentation of the historical evolution of the legal institution of succession to the throne, a synthesis of the main aspects of the topic, relevant in opening new lines of scientific research in the history of state and Romanian law.

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REFLECTIONS ON THE RIGHT TO INHERIT A HEALTHY AND ECOLOGICALLY BALANCED ENVIRONMENT

REFLECTIONS ON THE RIGHT TO INHERIT A HEALTHY AND ECOLOGICALLY BALANCED ENVIRONMENT

REFLECTIONS ON THE RIGHT TO INHERIT A HEALTHY AND ECOLOGICALLY BALANCED ENVIRONMENT

Author(s): Mihaela Cristina Paul / Language(s): English / Issue: X/2022

Keywords: environmental policies; environment; heritage; environmental responsibility;

Protecting the environment is essential both for the healthy and balanced living of today's people and for future generations. There is a need for continuous improvement of environmental performance through prevention activities. Each of us has a responsibility to protect the environment both for ourselves and for the people around us, but also for future generations. We need to be concerned about the legacy we leave to future generations in terms of the environment. This requires an appropriate environmental policy, but also an increase in accountability through the adoption of long-term strategies and action plans.

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THE ROMANIAN INTELLECTUAL IN THE LABYRINTH OF TRANSFORMATIONS OF LAW IN THE NATIONAL AND EUROPEAN SPACE AFTER 1989

THE ROMANIAN INTELLECTUAL IN THE LABYRINTH OF TRANSFORMATIONS OF LAW IN THE NATIONAL AND EUROPEAN SPACE AFTER 1989

THE ROMANIAN INTELLECTUAL IN THE LABYRINTH OF TRANSFORMATIONS OF LAW IN THE NATIONAL AND EUROPEAN SPACE AFTER 1989

Author(s): Valentin Stelian Bădescu / Language(s): English / Issue: X/2022

Keywords: Innovation; technology; research projects etc Romanian law; the legal order of the European Union; sovereignty; patriotism; globalism;

In 2019, at the UN, Donald Trump surprised with a nationalist speech in which he stated that „The future belongs to the patriots. The future belongs to the sovereign and independent nations, which protect their citizens, respect their neighbour’s and honour the differences that make each country special and unique”. Regarding the nationalism/patriotism vs. globalism dispute, the American president said, „If you want democracy, keep your sovereignty! If you want freedom, be proud of your country! If you want peace, love your nation! The future does not belong to the globalists! The future belongs to the patriots. The future belongs to the sovereign and independent nations, which protect their citizens, respect their neighbours and honour the differences that make each country special and unique. When you open your heart to patriotism, there is no room for prejudice. The future does not belong to globalists. The Bible says, „How good and pleasant it is for God's people to live together in unity”: politicians who support globalism to the detriment of national sovereignty are wrong; national structures must be protected, not replaced by supranational ones! The future belongs to the patriots. The future belongs to the sovereign and independent nations, which protect their citizens, respect their neighbour’s and honour the differences that make each country special and unique. That's why we in the United States have embarked on a fascinating program of national renewal. In everything we do, we focus on mobilizing the dreams and aspirations of our citizens. Globalism has exerted a religious attraction on past leaders, leading them to ignore their own national interests. But as far as America is concerned, those days are gone in history”. What was, but especially, what will be the role of the Romanian intellectual in the labyrinth of transformations of law in the national and European space after 1989?

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THE LEGAL NATURE OF THE RIGHTS OF THE ADMINISTRATIVETERRITORIAL UNITS AND THE STATE OVER THE VACANT INHERITANCE

THE LEGAL NATURE OF THE RIGHTS OF THE ADMINISTRATIVETERRITORIAL UNITS AND THE STATE OVER THE VACANT INHERITANCE

THE LEGAL NATURE OF THE RIGHTS OF THE ADMINISTRATIVETERRITORIAL UNITS AND THE STATE OVER THE VACANT INHERITANCE

Author(s): Elena Andreea Ionaşcu / Language(s): English / Issue: X/2022

Keywords: succession; successive; succession vacation; vacant inheritance; succession option;

The inheritance is declared vacant, in accordance with the law, when there are no legal or testamentary heirs, or if there are, they cannot or do not want to collect an open succession, and in this case, the goods enter the private property of the Territorial Administrative Unit.

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THE LEGAL STATUS OF THE HUMAN EMBRYO. TIME OF CONCEPTION AND TIME OF ACQUIRING PERSONHOOD IN MEDICALLY ASSISTED REPRODUCTION

THE LEGAL STATUS OF THE HUMAN EMBRYO. TIME OF CONCEPTION AND TIME OF ACQUIRING PERSONHOOD IN MEDICALLY ASSISTED REPRODUCTION

THE LEGAL STATUS OF THE HUMAN EMBRYO. TIME OF CONCEPTION AND TIME OF ACQUIRING PERSONHOOD IN MEDICALLY ASSISTED REPRODUCTION

Author(s): Nicoleta-Ramona Predescu / Language(s): English / Issue: X/2022

Keywords: the legal status of the human embryo; personhood; time of conception; the legal time of conception; civil capacity; assisted reproductive technologies;

If we did an imagination exercise and imagined a „person”, how would that person look like? Would it be an adult human being of discernment? A minor with limited capacity for exercising their rights and assuming civil obligations? A child or a new-born? Or maybe even an embryo that has been conceived in a laboratory? Medical technology today has made it possible to have eggs fertilised with spermatozoids in a laboratory and so to create human embryos in an extracorporeal environment. The best-known medical procedure of this kind is in vitro fertilisation (IVF), through which approximately 8 million[2] children were born. There are numerous international legal instruments and national documents that protect human beings and their inherent rights. In a legal perspective, a person is a human being that holds rights and obligations. However, inevitably, a question comes to mind: Can we extend personhood to human embryos too? Can human embryos enjoy the same protection granted within the scope of human rights like any born person does? This article is intended to analyse the complex issue of the legal status of the human embryo, starting with the time of acquiring civil capacity and with the identification of the time of conception in those situations when assisted reproductive technologies such as IVF are involved. The analysis is concerned with the right to life, which is closely connected with the human embryo, as established both in international instruments relevant to the matter of human being protection and in national documents, pursuing to demonstrate that assigning personhood to the human embryo is incompatible with the right to private and family life, the right to life and the reproductive rights. This assertion is supported by a presentation of the relevant case-law.

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Result 242121-242140 of 321828
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