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DOCTRINAL CONSIDERATIONS AND CONTROVERSIES REGARDING THE TRUST SUBSTITUTION

Author(s): Adina Lorena Codeia / Language(s): English / Issue: X/2022

Keywords: succession; trust substitution; trust; liberality; disposer; instituted; substituted;

An expression of generosity, liberalities subordinate patrimonial interests to emotional feelings, which determines the importance, interest and normative concern of the legislator towards them. As his will to dispose of his property by bequest or donation can significantly affect the right to property and restrict the free movement of goods, the trust substitution can be both a useful and hostile legal instrument. The current regulation of the Civil Code gives the trust substitution a double nature, on the one hand recognizing mortis causa the authority of will of the disposer, with time limitation of its effects, and on the other hand, thus achieving a balance between the absolute character of the principle of freedom. Testamentary, the free movement of goods and the right of the owner to dispose freely and absolutely of his property, a right guaranteed by the Constitution Given the historical perspective of the institution, but also its evolution within the laws of European states, this paper aims to analyze and clarify the main issues and doctrinal controversies expressed, highlighting the impact and importance of trust substitution in Romanian civil law, taking into account the fact that the current regulation offers a great freedom to the author of the patrimonial disposition for the cause of death, without, however, allowing the perpetuation of his will.

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APPEAL AGAINST THE EXPROPRIATION DECISION ISSUED UNDER LAW NO. 33/1994 AND LAW NO. 255/2010

Author(s): Anca Elena Benţa / Language(s): English / Issue: X/2022

Keywords: expropriation; compensation; expropriation decision; appeal;

One of the most important values that enjoys constitutional protection is the right of private property being protected against any expropriation, nationalization, confiscation or other infringements. In this sense, the legislator regulated a legal framework for carrying out the procedures of expropriation of real estate assets, the private property of natural or legal persons so as to be in accordance with the provisions of the Romanian Constitution, context in which Law no. 33/1994 was adopted as a legal framework in the field of expropriations. In order to simplify the expropriation procedure and reduce the deadlines in order to take the necessary preparation measures to achieve the objectives of national, county and local interest, as well as the objectives of strategic importance and national security, Law no. 255/2010 was adopted, which constitutes the special law in field of expropriations. The two normative acts regulate the essential conditions necessary to trigger the expropriation procedure, stages of the expropriation procedure, determination of compensation and transfer of ownership from the property of the expropriated owner to the property of the expropriator, the expropriation decision and the appeal against the expropriation decision.

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RELEVANT ASPECTS OF FORCED EXECUTION RELATING TO MINORS

Author(s): Andreea Gabriela(Cadar) Răducanu / Language(s): English / Issue: X/2022

Keywords: Forced execution; minors; summons; enforcement court; direct enforcement; enforceable title;

Enforcement on minors, framed for direct enforcement and provided for in Article 910-914 the new Code of Civil procedure, is a newly regulated section and introduced in the field of civil procedure. Participants in the forced execution procedure regarding minors, in addition to those indicated in Article 644 of the new Code of Civil procedure – creditor, debtor, bailiff, enforcement court, agents of the public force, There are also representatives of the General Directorate of Social assistance and Child Protection, one of which is a psychologist, if the representative of the Directorate does not have this qualification. Although legally framed, the matter is restricted, having essential shortcomings, such as the term of summons, the method of termination of forced execution, s.a. the procedure of forced execution regarding minors begins with the debtor’s summons, the term granted by summons, by the bailiff, to the debtor, in order to fulfill the obligation stipulated in the enforceable title, not clear. The enforceable title can be both a court order and another enlisted, which has „enforceable power”.

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OVERVIEW ON THE MORTGAGE OVER THE RIGHT OF SUPERFICIES DERIVING FROM THE REAL ESTATE LEASING AGREEMENT IN THE CONTEXT OF ITS TRANSMITTAL TO THE ABSORBENT COMPANY

Author(s): Florin Constantinescu / Language(s): English / Issue: X/2022

Keywords: right of superficies; real estate leasing; financial leasing; real estate mortgage; transmittal of rights;

The leasing contract is, without a doubt, one of the North American-inspired contracts which, implemented in the local legislation, generated the diversification of the local market, by entering the multinational companies holding expertise and know-how in the field, increasing the opportunities and turnover of the professionals. Thus, as an effect of the entry into force of Government Ordinance no. 51/1997 on leasing operations and leasing companies (hereinafter referred to as Ordinance 51), multiple leasing companies were set-up which delivered added value, in the difficult economic context of that period, precisely through its wide addressability (movable and immovable goods), being an alternative to the classic bank loan (and very difficult to be granted in those years when the Romanian banking system, mostly owned by State, still had a long roa until its consolidation), the provision of certain financial advantages / business and favoring intermediation operations, in the broad sense, respectively the interposition between the producer and the beneficiary. The purpose of this article is to highlight some (atypical) aspects of the right of superficies derived from the real estate leasing contract, which probably were not sufficiently used by the leasing companies in the context of securing the bank loans contracted by them, to support and develop the current activity using the real estate mortgage over the right of superficies, as provided by the Article 2379, 1st paragrapgh, letter d) of the Civil Code, with the mention that the general framework is provided by the Article 24 of Ordinance 51, in particular. It should be mentioned that such a valid mortgage right is maintained and it can be transferred from the leasing company's patrimony to the absorbent company's patrimony in the hypothesis of a merger by absorption, respecting the legal conditions of procedure, form and opposability. To the same extent, as a result of the analysis, proposals will be submitted de lege ferenda which may be useful to the business communities and legal professionals.

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IS RIGHT OF OCCUPATION OF THE SURVIVING SPOUSE, INHERITASNCE RIGHT OR MEANS OF SOCIAL PROTECTION?

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

Keywords: surviving spouse; special right of residence; inheritance law; means of protection;

The death of a loved one is an event in every person`s life, whose significance, beyond the sentimental one, is strongly felt in the legal reality. This article focuses on the surviving spouse as the holder of the right of occupation of the property in which he or she lived with the deceased spouse and which forms part of the inheritance items. This special right of occupation of the surviving spouse was first regulated by Law no. 319/1944 on the inheritance rights of the surviving spouse which in Article 5 of this law had the following provision: „In cases where the surviving spouse inherits together with classes II-IV, he/she shall inherit, in addition to his/her inheritance share, the furniture and objects belonging to the household, as well as the wedding gifts”. In the new Civil Code, it was decided to keep these provisions but with some minor changes. The reason for keeping these provisions was considered in terms of the positive effects that occur, the surviving spouse having the possibility to keep these assets, assets that may have an emotional charge, sentimental value, also a mean of protection offered to him/her, which for ascendants or collaterals would be without any significance or value. On the other hand, the text of the law is also intended not to deprive the surviving spouse of the property that he/she used with the deceased spouse, otherwise the conditions and way of life of the surviving spouse would be changed without any justification, taking into account the fact that the heirs outside the family with whom he would come in concurrence to inheritance, do not have any contribution to the acquisition of property, so that this special right of occupation conferred by law to the surviving spouse appears under this aspect all the more legitimate. In the New Civil Code, this right is provided for in Article 974: „When not in concurrence with the descendants of the deceased, the surviving spouse shall inherit, in addition to the share established in accordance with Article 972, the furniture and household objects which have been assigned to the joint use of the spouses”.

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LEGAL ASPECTS REGARDING THE ACT OF SUCCESSION OPTION

Author(s): Florentina Biolan / Language(s): English / Issue: X/2022

Keywords: legal characteristics of the deed of succession option; substantive and formal conditions of the act of succession option; authentication procedure of the act of succession option;

Our aim in this article is to analyze the legal act of succession option under several legal aspects, as well as the notarial procedure. In this regard, we have considered it necessary to present in the first chapter the legal characteristics which individualize the act of succession option in the view of the negotium iuris meaning. Starting from the idea that the option act is a legal act, in the second chapter we have analyzed the conditions of validity of the option act, according to common law, by briefly clarifying the substantive and formal conditions of the option act and in the third chapter we have presented the procedure for the authentication of the act of succession option, highlighting aspects related to the competence of the notary public to authenticate the act of succession option, as well as the procedures he has to follow when authenticating such an act.

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ADOPTION AND THE CHILD'S RIGHT TO INHERITANCE

Author(s): Carmen Ion / Language(s): English / Issue: X/2022

Keywords: adoption; inheritance; patrimony; legal affiliation; adopted; adopter;

I have chosen as a theme the adoption and the right of the child to inheritance, expressing our conviction that the subject of its legal implications are far from being exhausted, with the hope that we will be able to contribute to the understanding of this institution. The current study aims to analyze the child's right to inheritance as far as the adopted children are concerned. Thus, the most important form of protection of an adopted child is adoption, as the only chance for a harmonious development within a family to permanently support them in order to achieve their dreams. In terms of inheritance, in any case, the children of the deceased are entitled to inherit, unless they do not want to or are partially removed. The rules governing inheritance apply only in the event of the death of an individual person. The conclusion that emerges is that what we set out to do is to highlight some aspects of the notion of inheritance. In this context, we will highlight some peculiarities regarding the adoption within the inheritance.

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UNCERTAINTIES IN SUSTAINABLE EDUCATION

Author(s): Sorina Mihaela Bălan,Daniel_Cornel Bălan,Liliana Bălan / Language(s): English / Issue: 1/2023

Keywords: sustainability; sustainable education; uncertainty in sustainability; adaptability; STEAM education;

"What is the educational, engineering, economic, social impact in terms of sustainable development?" this is the central question of the present work that addresses the issue of uncertainty in sustainability. The role of transformation in sustainable learning must be considered. There are not many studies that examine the extent to which transformation and learning issues related to sustainable development can be integrated. It discusses the role of education in promoting the concept of sustainability and how the link between: 1. Quality education; 2. Education for sustainable development (education for sustainable development - ESD) and 3. Education on disaster risk reduction (disaster risk reduction - DRR - education). One goal of learning is adaptive capacity. Another question we sought to answer is: "How can we best prepare for change and what role will education play in this?" Key findings, drawn from a range of international contexts, include broad evidence that education providers want to approach sustainability from an integrative perspective. This approach requires more administrative resources to develop formal and hidden mechanisms of the curriculum. We believe it is necessary for educational institutions to transform themselves to serve as models of social justice and environmental stewardship to promote education for sustainability. Because education should also aim at modules that prepare young people for the future, we emphasized concern for sustainable education through a case study that presents a proposal to revitalize the social and cultural life of the Municipality of Târgu Mureș, by the LUMINEX team. Young people want a change for the better, being concerned about the future and sustainability. In conclusion, an additional consideration is the value that both creativity and flexibility have in relation to a person's adaptability.

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,,FROM A BIRD'S EYE VIEW FOR THE BENEFIT OF THE PUBLIC ADMINISTRATION?!” - SOME RELEVANT ADMINISTRATIVE USES OF DRONES -

Author(s): Balázs Szabó / Language(s): English / Issue: 1/2023

Keywords: drone; application; modernisation; special administrative field; info-communication;

In addition to the smartphone applications, some specialized administrative bodies of the public administration have additional opportunities to facilitate the activities of the authorities. One of the important technical and development tools of the 20th century is the range of drones originally developed for military purposes. Undoubtedly, drones can be apostrophized as one of the most popular technical tools, based on the fact that in addition to their ever-expanding uses, they also provide excellent help for leisure activities and outdoor photo/video documentation. In addition, we can find their application in more and more fields of our Hungarian public administration system. In recent years, the use of drones has been successfully introduced in more and more administrative areas, which makes the work of the authorities more efficient and faster, which in many cases can lead to the saving of human lives too. From these areas of expertise, I have highlighted some of the good practices that I consider to be most important and may give some positive expressions to implement them in other fields.

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LIABILITY OF LOCAL ELECTED OFFICIALS ACCORDING TO THE 2019 ADMINISTRATIVE CODE

Author(s): Mircea Ursuţa / Language(s): English / Issue: 1/2023

Keywords: liability; local elected; sanction; administrative code;

The liability of local elected officials is regulated, starting from 2019, by the Administrative Code. The chapter dedicated to this liability in the Code, although it took over many of the provisions of Law no. 393/2004 on the Statute of local elected officials, contains many new elements. The Code regulates the types of liability of local elected officials, as well as the disciplinary sanctions that occur in case of violation of the rules governing the disciplinary liability of local elected officials. An important place belongs to the liability related to administrative acts, establishing the conditions in which the responsibility of the local elected officials can be combined with that of the issuing authorities of the administrative acts. Last but not least, the law regulates the cases in which the contraventional liability of local elected officials may intervene.

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ISSUES OF INTERNATIONAL DOUBLE TAXATION, IN PARTICULAR TO THE ISSUES OF EMPLOYMENT

Author(s): Éva Erdős,Zsófia Riczu / Language(s): English / Issue: 1/2023

Keywords: employment; double taxation of incomes; solution of the international double taxation; international tax law;

European integration, the accession of member states to the European Union, required the harmonization of tax regulations. The unity of the Union has been based on the completion of the single internal market, which is important for ensuring the free movement of persons. Although the right to tax is fundamentally vested in the state, there are already attempts at legal harmonization in the founding treaties on tax issues. Taxation is not only governed by national law, in addition to bilateral tax conventions, the institution of double taxation is significant in terms of employment. The problem of double taxation of income can be traced back to the recognition of the sovereignty of the Member States. Double taxation is a fundamental problem of international tax law, which represents a conflict between the tax laws of states, which requires increased attention when employed in a Member State other than the State of residence for tax purposes

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TECHNICAL PROTECTION FOR ELECTRONIC BANKING OPERATIONS IN JORDAN

Author(s): Al An’imat Mohammad / Language(s): English / Issue: 1/2023

Keywords: Electronic banking operations; Protections; Exchanging; License; Fraud;

The Internet has played a major role in our daily financial business; in fact, a secure end-to-end transaction requires a secure protocol as these software-based solutions include the use of encryption algorithms, private and public keys, and digital signatures used by MasterCard and Pretty Good Privacy. What are the characteristics or qualities of technical protection that achieve cyber security and leadership in regulating electronic banking operations in terms of legal legislation? This article aims to draw the attention of lawmakers to develop legal legislation on an ongoing basis to ensure the safety and stability of the accelerated electronic financial system. On the other hand, any tightening in the regulation of electronic banking services may be counterproductive because such solutions will quickly become obsolete due to the rapid pace of technological change. The legal system of electronic banks in Jordan is based on the Electronic Transactions Law, where the Central Bank of Jordan issues legal instructions regulating electronic business and instructions for cyber adaptation in electronic payment companies. This law includes the conditions for the Central Bank's approval of granting licenses to these companies, monitoring their compliance with them, and technical protection for customers.

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CONTROVERSIES REGARDING THE COMPULSORINESS OF PRECAUTIONARY MEASURES IN CASES REGARDING TAX EVASION

Author(s): Coman Ramona Mihaela / Language(s): English / Issue: 1/2023

Keywords: attachement order; tax evasion; unconstitutionality; the right to defence; free acces to justice;

The law to combat tax evasion provides a compulsoriness of establishing the precautionary measures. Therefore, Article 11 of Law no. 241/2005 for the prevention and combating of tax evasion, sets down that, in the event that a crime provided for by this law has been committed, taking precautionary measures is mandatory. As a principle, the provisions of a special law are supplemented by the provisions of the general law, tot the extent that they do not conflict. Therefore, it is obvious that in relation to the competence to dispose of them, the act by which it is disposed of, the remedy, the general provisions of the Code of Criminal Procedure are applicable. From the analysis of art. 11 of Law 241 of 2005, however, it would result that the precautionary measures are taken in all cases, without any exception, without the courts being able to make an evidence-based analysis of the necessity and proportionality of these measures. The article analyzes to what extent this interpretation does not contradict the constitutional requirements regarding free access to justice, the right to defense, the protection of private property equally.

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Extended European Security Complex and the South Caucasus: the US policy approaches

Author(s): Tigran Yepremyan / Language(s): English / Issue: 2/2021

Keywords: European Security Complex; United States; South Caucasus; Russia; EU; geopolitics;

This paper analyses the US’s strategic interests and policy approaches towards the South Caucasus vis-a-vis competing geopolitical paradigms. It concerns the security challenges for the region, which arise from contradictions between integration, disintegration, and sovereignty in the shared neighbourhood of the European Union (EU) and Eurasian Economic Union (EAEU). The geopolitical, geo-economic and security interests of the United States, Russia, the European Union, Turkey, and Iran are all engaged in the South Caucasus, here is where their security interests intersect. The paper utilizes the Regional Security Complex Theory. From this perspective, the strategic fulcrum of regional security lies in the regions and powers. Therefore, the South Caucasus has an ever-increasing importance for the US interests both as a gateway to Eurasia and as the eastern edge of Europe. Thus, within the context of the largest competing alternatives of the geopolitics and geo-economics of the EU, the Russia-led EAEU, China’s Belt and Road and India’s North-South Corridor – the South Caucasus, an integral of European super-complex, appears as an insulator and corridor between the West and the East, the North and the South. Hence, the US policies have been aimed at making the South Caucasus an eastern extension of the enlarged European regional security complex.

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Influx of syrian refugees into Turkey and its influence on the Turkish identity

Author(s): Justyna Szałańska / Language(s): English / Issue: 2/2021

Keywords: Turkish identity; national identity; immigration; Syrian refugees; identity change; multiculturalism

According to the last updated UNHCR data (as of November 2021), approximately 4 million refugees fled to Turkey, out of which 3.7 million are from Syria. Such a huge influx of people ethnically, culturally and linguistically different from the Turkish citizens can be considered either as a threat or as a challenge to national identity. Although the former view is more popular nowadays, I will focus on the second one in order to present beneficial influence of immigration on building a multicultural society. In this article will I discuss the situation of Syrian refugees in Turkey and try to answer the question how the influx of Syrian refugees has influenced the Turkish national identity. Article consists of three parts. The first one presents the Turkish identity in traditional and theoretical understanding. The second one depicts influx of Syrian refugees as a factor that causes changes in social and state relations in Turkey. The third part discusses the already seen impact of Syrian immigration on Turkey’s identity and its possible developments. For the aim of outlining the possible developments the identity change category (Todd 1995; Friedman 1994) was used. In order to analyze the possibility of turning Turkey into a multicultural state, as the Ottoman Empire was considered in the past, the concept of multiculturalism (Kymlicka 1995; Taylor 1992) together with the comparative method were applied. The existing secondary data were analyzed for the purpose of presenting the situation of Syrian refugees in Turkey.

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Social functioning of female reverts to Islam in Poland

Author(s): Monika Ben Mrad / Language(s): English / Issue: 2/2021

Keywords: Islam; Muslims; converts; reverts; acculturation; religious identity; intercultural relations

This article, based on two field research carried out between 2018 and 2021, draws upon qualitative and quantitative data and aims to depict the current state of female reverts to Islam in Poland. The growing number of reverts in Europe has fueled discussions about the concept of European Islam and the role of reverts in society. Thus, even if they are identified as a small part of the population, they can become social agents in interfaith linking. Reverts deal with prejudices and balance their identity between a sense of religious and national belonging. There is a common assumption in public opinion that religiosity as such excludes the identification and integration of minorities with major cultures and groups, so in this article the authorwanted to look at how Polish women reverting to Islam negotiate their religious identity, beliefs and practices while living primarily in a Catholic environment.

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The EKAER system as an effect of digitalisation in the Hungarian tax system

Author(s): Katarzyna Lik / Language(s): English / Issue: 2/2021

Keywords: tax system; digitalisation; transport;

In the past few years many changes had been introduced in Hungarian taxation system, which may be considered a direct impact of digitalisation processes visible in most aspects of life – both economic and social. Due to an increased level of trade and creation of international and value-added chains, transport of goods remained more complex; thus tracking goods also needs technologically advanced methods. It means that goods traceability connects the physical movement of goods with the flow of information. The aim of this article is to present author’s own research on Electronic Trade and Transport Control System (EKAER) as an example of digital innovations in Hungarian taxation. The study methods used include a complex review of literature, legal acts, statistical data as well as using quantitive analyses. As a result, examples of new technologies and digital solutions were identified in the field of preventing tax fraud. The major conclusions concern the effects of implementing the studied system. EKAER has a positive influence on VAT revenue, and at the same time meets requirements of modern tax administration.

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Reshaping Europe in complex Covid-19 times Need for cultural sensitivity in the European reconstruction process

Author(s): Léonce Bekemans / Language(s): English / Issue: 1/2021

Keywords: KEU’s future; European integration; European citizenship; European cultural practice; Covid-19

The main aim of the article is to argue for a values-driven and cultural sensitivity approach in responding to the current challenges for a true European integration process, made even more necessary with the Covid-19 pandemic. In particular, the paper proposes a number of reflections and policy suggestions on the need of reshaping Europe in the turbulent Covid-19 times. In doing so, a four-section approach is adopted. The first section puts the European future in perspective. It refers to the historical development of the integration process from a mainly economic project to a sui generis international organisation and briefly overviews the current challenges and opportunities faced by the European Union. The second section identifies two major fundamental guiding lines for the EU’s future: the strengthening of a values-oriented European future, and development of a true European citizenship. The third section emphasises European solidarity as one of the crucial aspects of a sustainable and values-driven European future. This is especially evident in the necessarily cross-border approach to the Corona pandemic. The final section argues for cultural sensitivity in the EU reconstruction process in dealing with the Covid-19 crisis.

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The EU Member States’ Border Restriction Versus COVID-19

Author(s): Réka Friedery / Language(s): English / Issue: 1/2021

Keywords: free movement; COVID-19; migration; border restriction; Schengen

Since February 2020, a number of EU Member States and Schengen associated countries have declared emergencies and introduced epidemiological measures. These included restrictions on freedom of movement: border closures, temporary internal border controls or temporary bans on all non-essential travel. The author argues that since the Member States had recently used border restrictions to restrict the (visible) migration, border restriction as means fighting the (invisible) pandemic is only another precedent on behalf of Member States’ unwillingness to preserve freedom of movement when it contradicts internal policies, and underlines the need for Schengen’s reform. The article argues that although justifying derogations from the principles of border-free area is in the hand of the Member States, the lack of coordination has created the exact the same situation as during the migration crisis. Though the reintroduced border restrictions of 2015 targeted irregular migrants, the present ones affected EU citizens, too. The research aims to analyze the means and margins that the situation created by the pandemic contrasts to the restrictive border measures introduced during the migration crisis. The final research objective is to emphasize the need for cooperation in this policy field and the need of an integrated approach.

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The Climate Crisis as a Global Challenge: Preliminary Remarks on the Big Powers’ Perspective

Author(s): Małgorzata Wilkowska / Language(s): English / Issue: 1/2021

Keywords: climate change; climate; European Union; climate awareness; climate diplomacy

This article focuses on the history of actions taken by various countries, organizations, and scientists from around the world. The most crucial part is to understand the beginning of the process called ‘climate crisis’ and the statements from world’s biggest polluters and power leaders. One the one hand, countries like the United States and China are the ones who are the most responsible for the current situation that the world is in. On the other, it is necessary to look more closely at the EU’s statements about climate change and the reason for the slow climate diplomacy followed by legal actions that never had any sanctions. Nevertheless, the importance of European Union and its role in the process of creating a place for discussion can’t be denied. It is said by many climate researchers that the lack of punishment for countries who were not fulfilling obligations to key documents such as the Paris Agreement from 2015 is one of the biggest reasons for the overall failure of the joint actions to stop climate destruction. The main problem was, and still is, based around how to combine industrial growth with ecologically-friendly methods. There should be no higher value than the state of the world’s health but clearly for some, money is the bigger virtue. By reading this article, the author encourages the reader to change their perspective on how to earn, spend, and invest money so that the environment can thrive.

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