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In order to analyze the consent in testamentary matter supposes the particularization of the validity conditions of the common law, as well as to analyze the vices of consent that can alter the free will of the testator. We also analyzed in detail the testator’s discernment, as a condition for the validity of the will. Finally, the study paid attention to the vices of consent, namely error, fraud and violence, especially pointing out the particularities of fraud, which is the most common vice of consent in testamentary matters.
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In the matter of donations, irrevocable acts in principle, revocation is always an exception. The current Civil Code has taken over the legal cases of revocation of donations, from the old regulations, but it reformed the institution of law revocation of donations for occurrence of a child, in two aspects: first of all, it considered fair and in accordance with the needs of the security of the civil circuit the elimination of this provision from the new Civil Code, and secondly, because it could not annihilate the effects of the donations made during the old Civil Code, from a temporary point of view, stipulated that the birth of a child of the donor after the entry into force of the new law, can no longer lead to the legal revocation of the donation, even if the donation was concluded under the old law empire. We tried to highlight the grounds that justify the elimination of this regulation, as well as some aspects of comparative law, considering that the revocation of donations for child survival still exists in other civil laws based on a Roman-inspired civil law.
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United Nations Commission on International Trade Law was interested in adopting efficient regulations in order to promote and sustain alternative dispute resolution mechanisms. In 1980 UNCITRAL Conciliation Rules and in 2002 UNCITRAL Model Law on International Commercial Conciliation and starting 2014 the UNCITRAL Working Group II started to develop regulations in order to encourage international mediation as an efficient instrument to deal with cross border disputes. UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and Singapore Convention on Mediation are important international regulations on enforcing settlement agreements resulting from mediation, generating a boost for this alternative dispute resolution mechanism. The Singapore Convention was open for signing in august 2019. The aim of the Convention is to increase the enforceability of settlement agreements resulted from mediation procedure. According to this Convention the settlement agreements resulted from mediation will be enforced much more easier in an expedited way following the criteria of international settlement agreement resulted from mediation, an agreement that does not fall within the excluded category of settlement agreements and there is no ground to refuse enforcement applies. The Singapore Convention on Mediation complements the existing international dispute resolution enforcement frameworks in arbitration the New York Convention on the Recognition and Enforcement of Foreign Arbitral Award, and litigation – the Hague Convention on Choice of Court Agreements and the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. The Singapore Convention needs to be implemented in national legislation and furthermore, guidelines will be issued. Each contracting state will regulate the mode of enforcement according to its own procedure and under the conditions of the present Convention. In the European Union mediation is regulated by Directive 52/2008/EC, Regulation 1215/2019 the Brussels I on the civil and commercial matters and Regulation 650/2012 with succession and Regulation 2201/2003 Brussels II with family law matters. These Regulations apply to cross border enforcement of settlement agreements but it is not a direct enforcement. EU has the competence to ratify the Singapore Convention and to amend Regulations accordingly.
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Irrespective of whether it is applied directly or indirectly to the contravention, the obligation to perform an activity for the benefit of the community cannot be considered forced labor because the necessary conditions are not cumulatively fulfilled, without the condition of threatening a sanction. In the case of performing an activity for the benefit of the community, there is no threat with any sanction if the obliged one does not perform the activity for the benefit of the community. In any case, if the obligor refuses to perform the activity for the benefit of the community, these sanctions are replaced by the sanction of the fine, but what is essential is that the sanction of the fine imposed as a result of the replacement is not the direct consequence of the refusal to provide activity for the benefit of the community. it is the consequence of its contraventional liability for the offense committed.
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The Romanian Ministry of Education and Research has recently issued an official communication addressed to higher education institutions organizing doctoral university studies, which informed them that the database in which all the doctoral theses defended since 2016 are indexed is to be made public. This communication, after mentioning the protection of personal data in the context of the publication of the doctoral theses and the possibility of the data subject to oppose the data processing for well-founded reasons, states that the reasoned refusal must be submitted until 23 March 2020 to the higher education institutions where the doctoral thesis has been publicly defended. Thus, at first sight, former doctoral students could prevent the publication of the digital form of their thesis on the online national platform relying on the right to object under Article 21 of the General Data Protection Regulation. However, as we will conclude from the analysis of the incident legislation, the option not to have the thesis made available on the national online platform has no basis in Regulation (EU) 2016/679, but in the Romanian Law on National Education and in the Law on Copyright and Neighbouring Rights.
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The pledge, as an administrative operation, is an extremely important formality met in administrative law practice, for the persons that occupy a public function or of public dignity. During the last 150 years, all the romanian Constitutions have stipulated the pledge, but, according to the form of government and political regime, its content was different. Here is why, in this paper, the established objective is to reveal the methods of Constitutional reflection of the pledge in the three state powers: legislative, executive and judiciary. Considering that, in administrative law there is almost a year of codification, this work also draws a brief panel on the pledge stipulated by the administrative Code, to have a better image on the examined theme. The conclusions I have gotten to at the end of the ample documented analysis done on the proposed subject, will be found in the last part of the paper.
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In April 2020, several legislative acts were published in the Official Journal, among which we mention: Government Decision no. 270/2020 on the approval of implementing Rules of the provisions of the G.E.O. no. 37/2020 on granting facilities in relation to loans granted by credit institutions and non-banking financial institutions to certain categories of borrowers; G.E.O. no. 48/2020 regarding certain financial and tax measures; G.E.O. no. 36/2020 for the amendment and supplement of certain legal acts, as well as for adopting some measures during the state of emergency established under Decree no. 195/2020 regarding the establishment of the state of emergency on the territory of Romania. Moreover, in April, several legislative acts were amended, among which: G.E.O. no. 1/1999 on the state of siege and emergency, approved as amended and supplemented by Law no. 453/2004; Law no. 272/2004 on the protection and promotion of the rights of children; Methodological rules regarding the use and supplement of the payment order for the State Treasury (OPT) and of the multiple electronic payment order (OPME), approved according to the Order of the minister of public finance no. 246/2005, and the Communication Procedure by remote electronic means of transmission between the Ministry of Public Finance/the central tax body and natural persons, legal entities and other entities without legal personality, approved by the Order of the minister of public finance no. 660/2017, as well as the G.O. no. 11 of 12 August 2019 for the amendment and supplement of the G.E.O. no. 195/2002 on circulation on public roads. At the same time, the Military Ordinances no. 7-10, as well as the Decree no. 240/2020 regarding the extension of the state of emergency on the territory of Romania were also published in the Official Journal of April.
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Furthermore, in relation to the activity of the High Court of Cassation and Justice (the Panel regarding the settlement of certain legal matters), a decision was published regarding Law no. 682/2002 on witness protection, as republished.
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The aim of the paper is to present ramifications in the field of family law, inheritance law and tax law which arise from the lack of recognition of registered partnerships and same-sex marriages in certain European Union Member States, such as Poland. The lack of recognition is commonly perceived as discrimination on grounds of sexual orientation, but the emphasis is usually placed on its consequences concerning human rights. In this article, the author focused on discriminatory aspects in the area of family life and personal taxation. A lack of appropriate provisionsin domestic law produces negative effects affecting taxation obligations for cross-border families that concluded their marriages or partnerships abroad but cannot benefit from these institutions in certain EU Member States such as Poland. For the purpose of determining discriminatory aspects, the author analysed the domestic rules differentiating couplesliving in a marriage and couples not possessing the right to marry. Dueto lack of case-law on tax and inheritance discrimination resulting from sexual orientation, relevant case-law of the Court of Justice of the European Union have been recalled, revealing possible violations of fundamental freedoms, including free movement of persons.
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The emergence and development of underground economy is driven by both individual choices of citizens and the policy decisions of public authorities. As a result, the causes of proliferation of this phenomenon can be identified as being represented generally by excessive taxation, inappropriate regulations faced by some activities, trade barriers, inappropriate / ineffective institutional regulations and limiting of the action of economic agents involved in the formal economy, use of forced work in a too flexible context of labor laws and shortcomings of these laws, failure of governmental measures in various areas, economic crises, etc..
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Government Emergency Ordinance No.78/2000 on waste defines waste as „any substance, preparation or any object in the categories established by specific legislation on waste, which the holder throws, intends or is required to-1 throw „. The 1989 Basel Convention on transboundary movement of hazardous waste transportation and disposal of the waste specified in Article 2 that (in general, nn) means „substances or objects that are removed or to be removed or should be disposed of in accordance with national legislation „. Difficulties arise in defining toxic or hazardous waste. Environmental law by „hazardous waste” means „toxic waste, flammable, explosive, infectious, corrosive, radioactive or similar to, placed or maintained in the environment can damage it, plants, animals or man.” Hazardous waste only from human activities and environment once introduced or maintained it have an adverse impact on people, plants and animals and material goods. Basel Convention provides the categories of hazardous waste to be controlled if international transport, such as the chemical, from hospitals, pharmaceutical production, waste oil, etc. explosive in nature.
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In a world of inter-connected threats and opportunities, it is in each country’s self-interest that all of these challenges are addressed effectively. Hence, the cause of larger freedom can only be advanced by broad, deep and sustained global cooperation among States. The world needs strong and capable States, effective partnerships with civil society and the private sector, and agile and effective regional and global intergovernmental institutions to mobilize and coordinate collective action. The United Nations must be reshaped in ways not previously imagined, and with a boldness and speed not previously shown.
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European Union is a construction in motion an international context characterized, in turn, by a strong dynamics. European Union operation, as an independent organization, is based on its financial framework, appropriate activities implementation in good conditions related to achieve the objectives set out in treaties. EU spending is determined and limited by the Community Treaties, structure, dynamics and their procedure many changes undergone over time due to changes in the basic treaties and the development of the enlargement process.
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The sales contract forms the basis of such mutual contracts. In this case, the necessity and acceptance of the parties, the words they use while saying these, the conditions, the halal and haram in their behavior are by the nature of the contract. When the same process is used with different words, it is sometimes valid and sometimes it is not. In this case, shopping tools are important. Although it is not haram, there are some vehicles that take people to haram. However, some of these vehicles are vehicles that are involved in vehicles that will not lead to haram. Vehicles leading to haram sometimes have two ends, there is a possibility for both sides. For example, on the one hand, while it looks like a sale contract, on the other hand, even though the wording used is different, interest shopping can be made considering its application. Some of the contracts in Islamic law are controversial due to their damages, losses, interest, safqateyn and similar suspicions. Although there is a controversial issue in the contract called contract, it is one of the contracts that are frequently applied both in the classical period and in the economy world today. When dealing with a subject, it is important to reveal the relevant concepts in terms of understanding the subject. When evaluated in general, the îne contract arises due to the needs of people for gold and silver. Someone who needs money buys goods and sells it for the amount they need. In fact, nobody needs property, only money.
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En ce qui concerne la responsabilité, on peut dire que cela est un phénomène complexe qui caracterise les personnes et réside dans le fait que la personnalité humaine assume la valeur de ses actes et apprécie cette valeur comme désirable pour soi et pour la communauté à laquelle il appartient, valeurs auxquels adhère librement. Dès le début, nous distinguerons entre la responsabilité et la responsabilité juridique, qui sont deux catégories distinctes qui ont de nombreuses caractéristiques communes mais aussi des éléments distincts, deux catégories qui interagissent et se déterminent mutuellement.Dans ce papier, après quelques considérations conceptuelles sur la catégorie juridique de la responsabilité, nous essayons de souligner le but essentiel de l’institution de la responsabilité juridique, qui consiste en protection le système social qui est réglementé dans une manière déterminée par le droit positif. Nous allons également aborder la question dela structure, de fondementet des caractéristiquesde cette notion et aussi ses implications ou conséquences. Dans ce contexte sont analysées les particularités de la responsabilité juridique, respectivement: la généralité, le caractère obligatoire, la légalité, la normativité, la punitivité, la multiformité et autres. La responsabilité, en sa qualité d’institution juridique, est basée sur un complexe de principes de méthode d’application des normes juridiques en vigueur dans des situations où des actes illicites sont commis. C’est pourquoi, dans cet article, nous allons présenter et analyser ces principes en essayant de souligner leur rôle et leur importance et enfin, leur corrélation avec les principes propres aux branches du droit.
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Recently, the Constitutional Court of Romania admitted an unconstitutionality exception invoked directly by Ombudsman, through it found that the provisions of art. 30 para. (2) și (3) and the expression “the health electronic file system” in the content of art.280 para. (2) of Law no.95/2006 regarding the reform in the field of health are unconstitutional. In arguing this solution, the Court retained the patient’s health electronic file, regulated by the provisions declared unconstitutional, contains all patient’s private medical data, which are protected by art.26 and art.34 of Constitution and by art.8 of the European Convention on Human Rights. The Court retained that the state has the obligation that, in the situation of regulating, through law, of an electronic system for managing the patients’ medical data, that can be accessed at national level, to grant the confidential character of the medical data, through normative acts of the level of law, and that it is not sufficient that the protection of the medical data to be fulfilled through administrative normative acts which are characterized by high instability and inaccessibility [see also Decision no.17 on 21 January 2015, Decision no.51 on 16 February 2016, and Decision no.61 on 17 February 2017]. But the analyzed legal provisions don’t contain, per se, any legal measure which could be qualified as a guarantee of the right to private life, such that the Court found the infringement of art.26 of Constitution. Also, the Court retained that these guarantees cannot be assured by an administrative normative act, in the circumstances that secondary legislation should be limited at organizing the enforcement of the same guarantees. Consequently, the Court found the infringement of art.1 para. (5) of the Constitution, as well. This is not the first time when the Court underlines the importance of protection of patient’s medical data confidentiality through the constitutional and conventional provisions regarding the right to private life. The Court pronounced also other decisions regarding the same issues and underlined the importance of regulating expressly the conditions in which the medical data can be divulgated during the patient’s life and after his death [see Decision no.1429 on 2 November 2010], actually according to the European Court of Human Rights case-law. Thus, the usage of electronic devices and of certain electronic applications, projected to be used at national level, on the purpose of curing patients with celerity, is allowed only if the private life of the patients is respected.
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This paper proposes a logical approach of the notion of fake news in the wider context of conceptual pairs such as news and information, knowledge and truth, trust and manipulation, or regulation and control. The perspective chosen by the authors is based on their professional experience as jurist and communication specialist, and the purpose of the analysis is to answer some fundamental questions in the contemporary information society: What are the stakes of producing and disseminating false news? Should the states control the spreading of information? Where is the limit beyond which the restriction of freedom of expression becomes censorship? Is there any kind of protection against fake news required for the Internet users?
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:"LE CODE EST LA LOI" fait référence à l’idée selon laquelle, avec l’avènement de la technologie numérique, le code s’est progressivement imposé comme le moyen prédominant de réguler le comportement des internautes. Pourtant, même si le code informatique peut appliquer des règles plus efficacement que le code juridique, il comporte également une série de limitations, principalement parce qu’il est difficile de transposer l’ambiguïté et la flexibilité des règles juridiques dans un langage formalisé pouvant être interprété par une machine. Avec l'avènement de la technologie du blockchain (ou de la chaîne de blocs) et des contrats intelligents associés, le code joue un rôle encore plus important dans la régulation des interactions des personnes sur Internet, car de nombreuses transactions contractuelles sont transposées dans un code de contrat intelligent. Dans cet article, j'ai l'intention de décrire le passage de la notion traditionnelle de «code est la loi» (c'est-à-dire, le code ayant l'effet de la loi) à la nouvelle conception de «la loi est le code» (c'est-à-dire, la loi étant définie comme code).
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Arbitration is an alternative jurisdiction with private character. The arbitrators are appointed, dismissed or replaced according to the arbitration covenant. They are responsible for their actions if causing injuries to the parties involved in the arbitration proceedings. However, the opinions on the legal nature of the liability of arbitrators are not uniform. Some authors consider that there is a tort liability, while others argue that there is a contractual one. In our opinion, the arbitrators’ liability is contractual, insofar as their appointment is grounded in the arbitration agreement and is confirmed through the acceptance of that position.
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