• Acta Universitatis Danubius. Juridica

Publisher:
Danubius University of Galati
Publication date:
2010-11-02
ISBN:
2065-3891
First document:
Nbr. 1-1, January 2005
Last document:
Nbr. 10-1, January 2014

Description:

The review Acta Universitatis Danubius. Juridica published in 2005 with the help of the Law Faculty of Danubius University of Galati , has the mission to distribute, in the academic national and international environment, the results of scientific research of our teacher staff and collaborators by publishing studies of high theoretical and applied performance.

Latest documents

  • About the substantiation of the security interest

    Unlike the Civil Code of 1864, the current Code includes norms of common law and some application in different fields. The current regulation is not beyond criticisms given that part of doctrine seems tributary to the opinions formulated according to the previous norms. Starting from general provisions, we would like to point out that the substantiation of the security interest, in this new configuration, expands beyond the existence of a material connection between the receivable and the asset and the lawmaker has, upon the preparation of the Civil Code, a broader vision.

  • Certain Aspects Concerning Trial under Admission of Guilt

    The trial under admission of guilt is an abbreviated procedure relying on a guilty plea, and it may be applied if the conditions stipulated in the New Criminal Procedure Code are fulfilled. One of these conditions is for the defendant to fully admit of the deeds presented by the prosecutor in the indictment (he must not, however, admit the same upon the legal classification of offences). Pursuant to the simplified procedure, in the case of conviction or postponement of the application of the sanction, the punishment limits stipulated under the law are reduced by one third for imprisonment, and by one fourth for fine sanctions. The present article is a a continuation of the author’s own research and it represents a clear comment regarding trial under admission of guilt according to the N...

  • The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples According to the New Criminal Code

    The purpose and the objectives of the research consist of examining , thus presenting some recent examples of judicial practice that may be applied in terms of new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to judicial practice, and highlighting the elements of distinction between the two regulations. The study can be useful for both theorists and practitioners of criminal law, and to any physical entity.

  • The Constitutive Content of the Operating a Motor Vehicle without a Valid Driver's License Offense according to the New Criminal Code

    The purpose and the objectives of the research aim at examining the constitutive content of the operating a motor vehicle without a valid driver’s license offense, presenting recent examples of judicial practice that may be current still in terms of the new regulations imposed by the entry into force of the New Romanian Criminal Code. The research results consist of examining the constitutive content referring to the judicial practice and highlighting practical issues. The study can be useful for both theorists and practitioners in the field.

  • Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the...

  • Cloning and Penal Limitations of Scientific Experiment

    Human cloning is one of the matters that have been broadly discussed at a scientific and legal level. In this article, I will present the worldwide relevant aspects as regards this. The bioethical substantiation of forbidding human cloning is made, first, by the fact that the artificial cloning of a human being is a threat to the human identity because it endangers the protection against predetermining the human genetic constitution by a third party; the human dignity is thus endangered by transforming the human being into an object by artificial cloning. Given the insufficient coverage that the national legislation provides to this topic, according to the legislative experience belonging to other countries, this article presents some legislative proposals in order to fill in at least p...

  • Governance of Human Rights in Albania

    Restriction or control of democratic process itself for the executive power constitutes the essence of good governance and fair. As related to the quality of governance, are also issues of guarantees, respect and protection of fundamental freedoms and human rights. Significant role, in the process of governance, has the right to information, the right to dialogue, participation, those actions related to public activity. European Convention of Human Rights is the basic principles of all member states of the Council of Europe, to show and measured democracies values, peace and justice. All member countries, including Albania have included in the normative provisions, laws on human rights, based on the principles and decisions of the European Convention on Human Rights, which was developed...

  • Some Legal Aspects on Acquiring the Quality of Parenthood

    The quality of parenthood is the legal consequence of the manifestation of the procreation right, which is under the control of the individual will, but also the right to adopt, which after the exercise it submits the person to verification by the competent authorities on fulfilling the conditions of substance and the form provided by law. We decided upon a short analysis, based on the Civil Code provisions and other special laws, of the legal ways by which a person can acquire the quality of parenthood.

  • European Policies in Mediation as an Alternative in the Courts of Law

    The aim of this article is to synthesize the importance of mediation as one of the most used methods regarding the alternative solutions to courts of law. The approach is qualitative and is focused on the increasing trend of mediation in Europe, an evolution of the related European policies and the medium and long-term perspectives of mediation.. For this purpose we used the case study regarding countries such as Italy and Romania, countries that have introduced mandatory mediation before opening a judicial process. The study is important for those involved in the justice act (attorneys, lawyers, magistrates) and the novelty of the study dwells in the analysis of mediation in the various European government systems.

  • The New Nuances of Subsidiarity Principle

    Through this study we resume a topic analyzed by other authors as well, however we will highlight, based on analysis, observation and case study, after the entry into force of the Lisbon Treaty. Based on the historical perspective of the approach of this principle, we stopped on the subsidiarity’s place and role in the European reorganization. Subsidiarity principle is now a way of resetting the EU's relations with the Member States, while respecting the democratic principles established by the Treaty on European Union, increasing the role of national parliaments in the proper functioning of the European Union.

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