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Milan Komar in Evgen Vasiljevič Spektorski – sopotnika preskoka iz prava v filozofijo

Author(s): Blaž Ivanc / Language(s): Slovenian Issue: 1/2019

The article deals with the historical and philosophical connection between the emeritus professor of the Catholic University of Buenos Aires and honorary senator of the University of Ljubljana dr. Milan Komar (1921–2006) and professor at several law faculties (in Warsaw, Kiev, Belgrade, Prague and Ljubljana) and rector of the University of Kiev dr. Evgeny V. Spektorsky (1875–1951). The main finding of the article is the assertion that Evgeny Spektorsky was Komar’s teacher and mentor during Komar’s studies at the Faculty of Law of the University of Ljubljana and wanted him to be his successor on the faculty chair. The personal connection between Komar and Spektorsky became a friendly connection after Komar finished his doctoral studies. Comparing their philosophical views, we can notice not only a great affinity, but also a genetic connection.

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ПРАВНА ПРИРОДА МЕЂУНАРОДНОГ ПРАВА

Author(s): Igor Popović / Language(s): Serbian Issue: 47/2014

The goal of this paper is to examine legal nature of international law. Author is arguing that it is legitimate to say that intrenational law is not a law. International law does not have all the necessary elements to be considered as law, beacuse it lacks coersion. Namely, to be able to define international law, we first have to define what is law. One of the constitutive elements of law is coersion. State as the holder of the monopoly of legal coersion ensures that the law is applied. Souvereign organisation on international level does not exists – there is no world state. That indicates that international law is not supported by souvereign entity which will secure the application of law. That brings us to the above mentioned conclusion that so called international law is not a law.

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ÎNCETAREA DE DREPT A CONTRACTULUI INDIVIDUAL DE MUNCĂ-INSTITUȚIE FUNDAMENTALĂ A DREPTULUI MUNCII

Author(s): Ioan Micle / Language(s): Romanian Issue: 28/2022

Labor law, doctrine and jurisprudence use different terms to designate the ways in which the termination of a legal employment relationship takes place. Thus, the Romanian legislator, in Chapter V of the Labor Code, uses the notion of termination of the employment contract. On the one hand, the notion designates the legal end of the employment contract, regardless of the grounds and the ways in which the legal employment relationship is terminated, in a broad sense. extinguishing the legal employment relationship. Labor law refers to the phrase "termination of employment" which qualifies as a generic term for all situations that end a legal employment relationship. The Labor Code stipulates the modalities of termination of the individual employment contract. The termination of the individual employment contract may have the right, by agreement of the parties and as a result of the unilateral will of one of the parties. . two such ways of terminating legal employment are regulated. From the contents of the respective legal texts, it results that, in all these hypotheses, the termination of the employment contract is achieved by a legal act. This legal act can be, a unilateral manifestation of will, initiative of one of the parties (employee or employer), or through a bilateral manifestation of will, (as a result of the agreement of the parties). one of the parts of the legal employment relationship. The termination of the legal employment relationship requires the establishment of the reasons that lead to it, the knowledge of the cases and the ways to end this relationship and the fulfillment of certain conditions. In their absence, the termination of the employment contract will not take effect. There is only one exception, namely: when the legal employment relationship terminates by law, ie in circumstances that do not depend on the will of the parties. The hypotheses provided by the labor legislation, in which the termination of the employment contract may take place, in the ways and for the reasons established by law, form the cases of termination of the employment contract. However, in addition to the stability of the ways, the reasons and the cases of termination of the employment contract, the labor legislation provides certain conditions, both in substance and in form. These procedural conditions must to justify, to validate the termination of the employment contract, as a legal act.

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PROTECȚIA DREPTURILOR OMULUI PE TIMP DE RĂZBOI

Author(s): Oana Voica Nagy / Language(s): Romanian Issue: 28/2022

The paper proposes an analysis of the international regulations regarding the protection of the fundamental human rights during armed conflicts. We approach this topic due to the fact that in some parts of the world armed conflicts are still used to settle disputes of different natures. Such conflicts affect the wellbeing of the populations, cause migration and most of the time disregard the importance of respecting the fundamental human rights. We also aim to identify the role of international organizations in protecting the human rights, as they are regulated by international conventions, in those countries which are not part of any treaty or organization. Another goal of the present study is to find out how our state implemented in their national regulations the provisions regarding the humanitarian law that we find at international level. Also, by analyzing these special provisions we will try to point out the importance of this law branch called humanitarian law that became an important part of international public law.

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ANALYSIS OF THE LEGAL PROVISIONS REGARDING THE GENERAL REGIME OF INFORMATION ON ADOPTION

Author(s): Ioana Raluca Toncean Luieran / Language(s): Romanian Issue: 30/2022

Adoption is governed throughout the entire procedure by the principle of confidentiality. But the adoptee's right to know and establish his identity is guaranteed by art. 26 para. (1) of the Romanian Constitution, according to which "authorities respect and protect intimate, family and private life". Interests regarding the information on the adoption can be multiple, and the holders of the request can be both the adopted person and the natural parents or biological relatives. However, access to this information may disrupt the lives of other participants in the procedure. That is why the legislator paid special attention to the general legal regime of information regarding adoption, which is established by special law, respectively Law no. 273/2004 regarding the adoption procedure. The present study proposes an exhaustive analysis of domestic and international regulations regarding information on adoption, as well as the procedure to be followed to obtain it.

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THE IMPACT OF RESTORATIVE JUSTICE ON CHILDREN’S LIFE

Author(s): Roxana Topor / Language(s): Romanian Issue: 33/2023

Restorative justice for children is an alternative approach to the criminal justice system, focusing on repairing harm and restoring damaged relationships. This involves restorative justice conferences, reparation programs, victim-offender mediation, counseling and reintegration programs. Core principles include respect for human dignity, active participation of all parties, focus on the needs of victims, accountability of offenders, reconciliation and community collaboration. The aim is to promote the recovery and reintegration of child offenders, providing them with opportunities for change and development, and creating an environment of reconciliation for victims and the community.

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GENERAL ASPECTS REGARDING THE CONTRACTUAL FREEDOM

Author(s): Liliana Marilena Lazăr / Language(s): Romanian Issue: 33/2023

The freedom is the foundation of the law. The subjective right itself implies the notion of freedom. The freedom of the contract, the expression of the autonomy of will are the basis of the principles applicable to the general theory of the contract, so that the formation of the contracts presupposes the existence of the will of the parties, as well as the intention of the contractors to engage lawfully. Under the Article 1169 Civil Code, the parties are free to conclude any contracts and determine their content, within the limits imposed by law, public order and good morals. This paper aims at analyzing the general aspects regarding the contractual freedom.

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Pojęcie prawa u Freuda i Durkheima. Fakt społeczny, obiekt czy tabu?

Author(s): KRZYSZTOF KATKOWSKI / Language(s): Polish Issue: 1/2023

It is the intention of the author of this article to present the theoretical and legal views of Sigmund Freud and Emil Durkheim and to place them in the context of classical texts on political-legal theory. Both thinkers, rather associated with sociology or psychology than with law, treated law as one of the most important reference points in their social concepts. In both cases, we are dealing with the treatment of the social order as transcendent to the empirical individual, and at the same time created by society. At the same time, the law is supposed to impede the emancipation of the individual and to allow the individual to have a real influence on the creation of power structures. At the same time, despite numerous analyses of the theoretical-legal views of these thinkers in the European scientific literature, this is the first such analysis in Polish. In addition to presenting Freud’s and Durkheim’s views, it opens up the possibility of not only situating them among political- -legal theories, but also points to perspectives on the operationalisation of these theories – as well as their possible social implications. To this end, the following article juxtaposes their theories with the traditions of legal positivism as represented by Hans Kelsen and Herbert L.A. Hart – two authors who were inspired by Freud and Durkheim respectively.

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Sztuczna inteligencja, prawo i etyka

Author(s): Grzegorz Mazurek / Language(s): Polish Issue: 1/2023

Artificial intelligence has been taking (and passing) law exams at universities, writing scientific articles on legal problems – in collaboration with academics – or preparing submissions, statements of claims, and contracts at lightning speed. And all this happening within weeks of the launch (November 2022) of the bestknown AI application called ChatGPT (Generative Pre-trained Transformer), made available for free by the US company OpenAI. It is a conversational chatbot based on large language models making use of deep learning. Its resources include almost unlimited data sets from all over the world, excluding current information from the Internet because the system is – at least for now – closed, limited, and able to establish neural connections only between what it already knows. It generates new content based on the resources it has access to, using logical semantic connections and the mathematical probability of occurrence of a given word in a given sequence. Its statistical model can generate differently worded, correct content each time – even in response to the same question. Hence the first natural attempts of pupils and students to use the tool to write assignments and theses.

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Artificial Intelligence, Law, and Ethics

Author(s): Grzegorz Mazurek / Language(s): English Issue: 1/2023

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THEORETICAL AND PRACTICAL ASPECTS OF THE PRINCIPLE OF EQUAL OPPORTUNITIES AND TREATMENT BETWEEN WOMEN AND MEN

Author(s): Alina- Georgiana Nedea (Pangrate) / Language(s): Romanian Issue: 34/2023

Equality of opportunity and treatment between women and men is a fundamental principle of human rights, transposed both at the legislative level and at the level of public policies. This principle is enshrined in Law no. 202/2002 regarding equal opportunities and treatment between women and men, republished, with subsequent amendments and additions, which regulates the measures for promoting equal opportunities and treatment between women and men in all spheres of public life. The development of public policies in this field must bring improvements to social life, correct those attitudes and behaviors that could lead to the exclusion or marginalization of people, of one sex or another, and promote the benefits of building an inclusive and non-discriminatory society, in which the dimension gender is integrated, so as to register real benefits on the lives of all women and men and to eliminate any form of discrimination and gender violence.

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THE ROLE OF INSOLVENCY PROCEEDINGS. THE CONCEPT AND CHARACTERISTICS OF THE INSOLVENCY PROCEDURE

Author(s): Daniela Pîrvu / Language(s): Romanian Issue: 34/2023

Insolvency means "that state of the debtor's patrimony which is characterized by the insufficiency of funds available for the payment of certain, liquid and enforceable debts" (art. 5, point 29 of Law no. 85/2014). Most traders see insolvency as the end point of the business - a moment when the company is assaulted by creditors, and the only option left is bankruptcy or closure of the company. Indeed, in some cases, insolvency is one of the symptoms of a non-performing business, however in many situations the inability to pay is just the result of an unfavorable situation that any trader can encounter, even those who have a viable business (for example customers do not pay their debts on time, sources of financing become unavailable, etc.). The difference between insolvent companies that survive on the market and those that disappear is the managers' ability to quickly identify the resources needed for recovery. Solutions must be sought primarily in the economic sphere and always involve profound changes in the way society functions; however, the other instruments that can facilitate a faster recovery of the society in difficulty should not be neglected.

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Człowiek - dziecko - osoba fizyczna. Pojęcia ugruntowane w prawie cywilnym czy wymagające redefiniowania?

Author(s): Aneta Biały,Paweł Kaczka / Language(s): Polish Issue: 3/2022

At what point can we speak of the origins of a natural person – is this really the moment of birth and what does the end of the person’s existence mean – or should it be justified that this is the moment of death? Authors try to answer for two questions, which will require focusing attention on the definition of a human, child and finally also a natural person defined in Polish civil law. On the other hand, due to the fact that the concept of a natural person does not function only in the area of private law, the authors will also refer to the necessary extent to, inter alia, criminal and constitutional law, which is the intended action of the authors. It should be noted, however, that the basic scope analyzed is, however, private law.

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The constitutional standing of philosophical and non-religious beliefs in Bulgaria

Author(s): Martin Belov / Language(s): English Issue: 26/2023

This paper explores freedom of philosophical and non-religious beliefs in Bulgaria. It outlines the constitutional framework of this freedom both in the contemporary Bulgarian constitutional model based on the current 1991 Constitution and in Bulgarian constitutional history as well as previous fundamental laws – the 1879, 1947, and 1971 Constitutions. The paper explores both the legal and socio-legal aspects of freedom of philosophical and non-religious beliefs, analysing the role of normative ideologies in the context of secularism – specifically, the largely secular Bulgarian society. The paper demonstrates the relationship between freedom of philosophical and non-religious beliefs and freedom of religion in Bulgaria. Attention is devoted to organised philosophical and non-religious beliefs. The article explains why freedom of philosophical and non-religious beliefs is protected as an individual and not as a collective right. The paper also explores the practical problems of the philosophical and non-religious beliefs in Bulgaria.

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MINORS’ WORK REGISTRATION

Author(s): Roxana Elena Topor / Language(s): Romanian Issue: 35/2023

The paper proposes an analysis of the employment of minors, investigating the specific legislation, the social implications and the associated psychological aspects. It explores how legal norms influence minors' access to the labor market and the potential impact of this phenomenon on their learning and development process. The paper also examines the safeguards needed to ensure a safe and healthy working environment for this vulnerable category, with the aim of balancing educational needs with professional requirements.

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WORK PLACE DISCRIMINATION

Author(s): Ingrid Ileana Nicolau / Language(s): Romanian Issue: 35/2023

In accordance with the United Nation “discriminating behavior can take many forms but all of them include some form of exclusion, rejection or unequal treatment”. The concept of discrimination is a dinamic concept, whose meaning and approach, both teoretical and political, has evolved naturally in time. In most democratic countries there are laws against discrimination and equality of treatment is in general guaranteed by the Constitution. However, discrimination still exists even in the abssence of pro discrimination laws and against legislative efforts to combat it.

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ETIČKO-PRAVNI PROBLEMI KLONIRANJA ČOVEKA

Author(s): Marina Elisovna Guriljova,Gulnara Mulanurovna Hamitova / Language(s): Serbian Issue: 1-2/2023

In developing science and society, the questions about the acceptability of the use of certain invented technologies arise more frequently. These issues require an unambiguous solution and monitoring of its implementation. One of the most pressing contemporary issues of biomedicine is the possibility of human cloning, the legal regulation of which has not been developed. The aim of the work is to analyze the existing ethical and legal framework of human cloning in the Russian Federation and to develop proposals for its improvement. The authors studied the materials published since the invention of cloning technology, such as speeches by leading scientists, scientific publications on this topic, the work of research groups (both in support of cloning and against it), as well as the results of sociological surveys of the population, legal acts of the Russian Federation, the experience of foreign states in the regulation of biotechnology. The lack of legal regulation of the process of human cloning in the territory of the Russian Fede-ration was revealed. To supplement it, the following proposals are suggested: (1) clarification of terminology in legislative documents and legal consolidation of the concepts of therapeutic and reproductive cloning; (2) establishment of penalties for violation of prohibitions on the use of technology and definition of mechani¬sms for the enforcement of these penalties; (3) development of the direction of „somatic human rights" and, with a view to the future, consolidation of human clone rights. The authors believe that in the presence of legal regulation, the de-velopment of technology will not bring moral harm to humanity.

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ЗАШТО И ЧЕМУ САБРАНИ СПИСИ ДАНИЛА Н. БАСТЕ?

Author(s): Jovica Trkulja / Language(s): Serbian Issue: 187/2023

Желео бих на самом почетку да изразим задовољство што данас говоримо о Сабраним списима Данила Н. Басте2 ; што ћемо указати на трагове које је он оставио у правној науци, филозофији и култури Србије, али и у генерацијама његових сарадника, студената, читалаца и поштовалаца његових дела.

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ОДЛУЧНОСТ ЗА ДОБРО, КАО УВОДНА И ЗАВРШНА РИЈЕЧ НЕСПОРНОГ ХУМАНИЗМА

Author(s): Časlav D. Koprivica / Language(s): Serbian Issue: 187/2023

Двије кључне ријечи које би могле представити шта је радио и како је радио Данило Н. Баста биле би хуманизам, односно традиција. На једном мјесту у својим списима аутор спомиње нешто што је иначе „лозинка” академских људи хуманистички оријентисаних у традиционалном смислу, притом у његовој модерној варијанти. За етос модерног хуманизма – дакле, за хуманистичко животно држање, а не само идејну оријентацију – мјеродавна је анегдота о Канту који је неколико дана пред смрт, примајући љекара који је дошао да га обиђе, устао уз крајње напоре, не хотећи да сједне док то не учини љекар. Када су га подсјетили да се у његовом стању ни најмање не очекује уважавање спољашњих правила у

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НАД СИТНИЈИМ СПИСИМА ДАНИЛА Н. БАСТЕ

Author(s): Dušan Dostanić / Language(s): Serbian Issue: 187/2023

Организатори овог разговора почаствовали су ме позивом да данас пред вама кажем неколико речи о сабраним списима академика Данила Басте. Имајући у виду дело о коме је овде реч, јасно је да тај задатак умногоме превазилази моје моћи, поготово јер нисам ни филозоф, ни правник, тако да вас унапред молим за разумевање.

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