„DETERMINAREA SUBIECTIVĂ” A JURISDICŢIEI COMPETENTE. REGIMURILE MATRIMONIALE ŞI PARTENERIATELE ÎNREGISTRATE

Author(s): Călina Jugastru / Language(s): Romanian Issue: 10/2019

Both the law applicable to the legal relation and the court which has jurisdiction can be determined through mediation, by parties' will. The two European Regulations, in the field of matrimonial regimes and of the patrimonial effects of the registered partnerships, continue the legislative work of amplifying the role granted to parties' will, in family private international law. The European texts provide for the express and limiting conditions, which make possible the subjective determination of the court which has international jurisdiction in respect of the matter. The most important way is to choose the forum, which reveals the legislator's intention to relate the jurisdiction and the applicable law. The other two modalities are the conventional extension of competence and the unilateral designation of the competent forum.

„Die Weiße Rose“ und ihre Richter

Author(s): Michael Stolleis / Language(s): German Issue: 02/1983

In 1982 the film "Die Weiße Rose" by Michael Verhoeven and Mario Krebs came to the German cinemas. In the trailer of the film the authors wrote that, according to the interpretation of the German Federal Court, the judgements given by the Nazi court against the members of the "Weiße Rose" had been given rightly and are still valid. This phrase initiated a fierce public debate which resulted, among others, in the decision, that the film cannot be shown in programmes offered by the Goethe-Instutute world-wide. The article considers the problem of "coming to terms with the Nazi past" in Germany under the specific question how post-war jurisprudence dealt with judgements given under the Nazhi regime.

„DOBRÁ VÍRA“ VE SPOTŘEBITELSKÝCH SMLOUVÁCH – DOBRÉ MRAVY, PŘIMĚŘENOST NEBO POCTIVOST?

Author(s): Blanka Vítová / Language(s): Czech Issue: 1/2013

The principle of good faith – as it has been taken from the literal wording of the directive in the English version is not suitable for the Czech legal environment. Although the Czech translation of the directive uses the term „contrary to the requirement of proportionality“, the Czech legislation in art. 56 uses a vague concept of “contrary to the requirement of good faith”. The article focuses on the concept good faith in connection with the consumer contracts and proposes institutes which are more suitable for this field of law.

„DREPTUL GARANȚIILOR: PRIVIRI COMPARATIVE”. ÎNTÂLNIRE FRANCO-JAPONEZĂ ORGANIZATĂ DE ASOCIAȚIA HENRI CAPITANT A PRIETENILOR CULTURII JURIDICE ...

Author(s): Flavius Alexandru Boar / Language(s): Issue: 3/2015

În zilele de 7 și 8 septembrie 2015 a avut loc, la Institutul de Cercetare Juridică a Sorbonei (IRJS) „André Tunc”, o întâlnire științifică franco-japoneză cu tema ”Dreptul garanțiilor. Priviri comparative”. Evenimentul a fost organizat de Asociația Henri Capitant a prietenilor culturii juridice franceze, în parteneriat cu Institutul de Cercetări în Dreptul Afacerilor (IRDA) al Universității Paris 13. Am fost deosebit de încântat, în calitate de membru în grupul român al Asociației, de posibilitatea să asist, alături de alți doctoranzi a căror activitate este legată de materia colocviului, la lucrările acestei întâlniri, moderate de către d-nii. Philippe DUPICHOT (secretar general al Asociației Capitant, profesor la Universitatea Paris 1 Panteon-Sorbona) și Naoki KANAYAMA (Universitatea din Keio).

„Erorile materiale” – temei al contestației în anulare în reglementarea noului Cod de procedură civilă

Author(s): Ioan Leş / Language(s): Romanian Issue: 05/2017

This study is devoted to a particular analysis of the reason for contestation for annulment provided by Article 503 (2) point 2 of the civil Procedure Code, text which allowa the cancellation of a judgment when it is found that „the solution given to the recourse” is the result of a „material error”. The author argues that the mentioned text does not allow a broad interpretation, namely in the sense that the material errors could lead to the cancellation of a judgment for mistakes that concern the merits of the case. The current regulation does not provide sufficient arguments for a different approach than the one promoted under the influence of the previous Civil Procedure Code, and this even though Article 318 (1) of this Code was using the phrase „material mistake”, and not that of „material error”. In the author’s view the whole physiognomy of the contestation for annulment is materialized in the fact that this extraordinary legal remedy was made available to the parties only for the removal of some procedural errors, and not of those on the merits as well. In order to remedy some misjudgments, it is open the means of appeal, and, in some cases, of the revision as well. However, the contrary opinion has the merit to emphasize that there are practical situations in which the current procedural remedies could be considered as insufficient. Therefore, some future legislative approaches might also consider some reassessments concerning the regulation of the legal remedies,

„Es gibt keine Lösung, weil es kein Problem gibt“

Author(s): Allesandro Somma / Language(s): German Issue: 20/2001

„Eu am drepturi!” sau despre vălul islamic în societatea românească

Author(s): Emanuel Tăvală / Language(s): Romanian Issue: 02/2017

Over the last decades, cultural diversity has emerged as a value to be protected and promoted at international level. This material presents the European and Romanian human rights system is adequately equipped to promote and protect cultural diversity within Europe and to deal with the momentous transition which all European States are facing. To that end, it assesses whether and to what extent the European Convention represents a valuable tool for the protection and promotion of cultural diversity. In this way I tried to make a short presentation of the Islamic legal tradition and its evolution and in the same time to present the arguments brought in favor or against of the Islamic veil ban.

„European Perspectives on the Common European Sales Law” by Javier Plaza Penades and Luz M.Martinez Velencoso (eds.)

Author(s): Charlotte Ene / Language(s): English Issue: 11/2016

„Formuła Radbrucha” a „formuła Cathreina”

Author(s): Jadwiga Potrzeszcz / Language(s): Polish Issue: 2/2011

An analysis of Victor Cathrein’s comment on values and positive law allows one to extract such formulations that can be called, by way of analogy to the Radbruch formula, the Cathrein formula. A comparison of views held by Gustav Radbruch and Victor Cathrein has not been, it seems, a subject of legal-philosophical research. Radbruch himself never directly pointed to his inspiration by Cathrein’s views, although he was well acquainted with the legal-philosophical work entitled: Recht, Naturrecht und positives Recht. Eine kritische Untersuchung der Grundbegriffe der Rechtsordnung (Freinburg im Breisgau, 1901). In 1911, he wrote a review of the second edition of 1909. Although Gustav Radbruch is known as a representative of Baden School of Neo-Kantianism, a fact which obviously refers us to his predecessors and mentors, yet it remains a mystery what the theoretical grounds are for a change in his position, or a “different arrangement of focal points” in the post-war era. He then realigned his theory. From then on, he associated the notion of law with values which were not relative. With regard to the lawmorality relation (whether and under what circumstances positive law may not be applied if it infringes the basic moral principles), Radbruch’s response does not contradict Acquinas’ reply. It seems justified to ask whether Neo-Kantianism still plays any constructive role. With due respect for interpretations of Radbruch’s formula created to date, the presented article attempts an analysis from a different perspective. This Christian perspective, particularly in the context of Cathrein’s views, constitutes the object of the presented study.

„Gdańskie Studia Prawnicze” (1996–2017)

Author(s): Marcin Michał Wiszowaty / Language(s): Polish Issue: XXXVIII/2017

„Geheiligt, unverletzlich und unverantwortlich“ Die persönliche Rechtsstellung des Kaisers von Österreich im Konstitutionalismus

Author(s): Christoph Schmetterer / Language(s): German Issue: 2/2010

„Gemeinsame Elemente des österreichischen und ungarischen Familienrechts zur Zeit der Doppelmonarchie und innerhalb der EU”. Bericht über das Forschungsseminar der Dezső-Márkus-Forschungsgruppe für Vergleichende Rechtsgeschichte (Pécs, den 25.-28. Ok

Author(s): Adrienn Rékasiné Adamkó,Gabriella Dávid / Language(s): German Issue: 1/2017

„Gemeinsame Elemente des österreichischen und ungarischen Familienrechts zur Zeit der Doppelmonarchie und innerhalb der EU”. Bericht über das Forschungsseminar der Dezső-Márkus-Forschungsgruppe für Vergleichende Rechtsgeschichte (Pécs, den 25.-28. Ok

„Gorący” koniec lata i początek jesieni 1733 roku. Początki rosyjskiej interwencji zbrojnej w Rzeczypospolitej

Author(s): Tomasz Ciesielski / Language(s): Polish Publication Year: 0

„Ich kenne das Reglement nicht, habe es aber immer befolgt!”

Author(s): Regina Ogorek / Language(s): German Issue: 20/2001

some remarks on the debate about comprehensibility

„Idea słuszności w prawie – przeszłość i teraźniejszość” Sprawozdanie z konferencji z okazji 40-lecia Instytutu Historii i Teorii Państwa i Prawa Wydziału Prawa i Administracji UMCS 21 grudnia 2010 r.

Author(s): Adam Szot / Language(s): Polish Issue: 2/2011

„Imprisonment in the Balkans”. A doua Conferinţă anuală a Grupului Partener al Institutului Max Planck pentru Criminologie Balcanică, Sarajevo, 17-19 septembrie 2015

Author(s): / Language(s): Romanian Issue: 04/2015

„Industria contrafacerilor” în domeniul produselor farmaceutice

Author(s): Costica Voicu,Marius Cezar Pantea / Language(s): Romanian Issue: 04/2011

Crime in the field of intellectual property rights has become a global issue, bearing an acute cross-border nature, its negative effects often involving serious violations of human rights, financial losses and public economic damage, jeopardizing the life and health of many human beings, constituting a threat to the national security of States, possibly having a devastating effect on human society. This is an obvious signal that the activity of cross-border criminal groups has become a challenge for national authorities and the international community, the involvement of organized crime and the complexity of transnational criminal networks resulting in the need to give a more comprehensive interpretation to the global criminal phenomenon. From a certain point of view it is apparent that organized crime groups generally act similarly to any economic agent, service provider or manufacturer of material goods, pursuing boost of their earnings and aiming to reduce the amount of expenditure out of the gross total income of criminal affairs. This new “counterfeiting industry” which is actively involved in the field of pharmaceutical products, brings on account of the activity undertaken huge damage to rightholders, but also jeopardizes the very existence of human beings through the manufacture and marketing of counterfeit medicines and other products for medical use. In this article, we do but sound the alarm with regard to the danger posed by this scourge of the beginning of the Millennium, under the framework of a generalized global crisis, equally affecting countries, nations and continents.

„Išlaikymo“ reglamentas (EB) Nr. 4/2009 – taikymo sritis, pagrindinės sąvokos ir teismingumo principai

Author(s): Vytautas Nekrošius / Language(s): Lithuanian Issue: 2 (18)/2018

The article deals with some of the aspects of the application of the EU Regulation No. 4/2009, (otherwise known as Brussels III or the Maintenance Regulation). The article examines the relationship of the Regulation with The Hague Convention of 1958 and 1973, on “the Recognition and Enforcement of Decisions”, revealing the rule of its supremacy. Particular attention is paid to the aims of the Regulation, the scope of the application of its rules and the analysis of the cases concerning the rules governing the jurisdiction of maintenance. The article explicitly examines the concepts related to “cases arising from the maintenance legal relationships”, marriage, family, relatives and other important issues. A great deal of attention is paid to the discussion of the system established by the Regulation regarding court jurisdiction related to the maintenance. The article analyses both, general rules of jurisdiction and contractual jurisdiction, forum necessitatis and the regulation of involvement in the process. Attention is also drawn to the differences in the areas of “maintenance” and the contractual jurisdiction and involvement in the process as it is in the Brussels I and this Regulation.

„jestem zdecydowany nie robić niczego pochopnie…” – elekcja 1697 roku w korespondencji księcia Conti

Author(s): Aleksandra Skrzypietz / Language(s): Polish Publication Year: 0

„Jus cogens” în contextul Declaraţiei Universale a Drepturilor Omului

Author(s): Nicolae Țațomir / Language(s): Romanian Issue: 1/1969