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Books and Journals › Civil Law
194 results for Books and Journals › Civil Law
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About vacant inheritance
An inheritance is considered to be vacant when there are no legal or testamentary heirs or, in case such heirs exist, they are not entitled to inherit the entire successor mass. Vacant inheritances become the property of the village or county where the goods are located at the time of the inheritance and become part of the county’s private property. The procedure by which an inheritance becomes...
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Brief considerations as to the joint exercise of parental authority after divorce
The purpose of this study is to determine whether changes in the legislation on the exercise of parental authority brought positive changes in the lives of children whose parents have divorced. The methods used, i.e. comparison and observation, support the scientific approach in order to draw conclusions on the achievement of the ultimate aim of both legislative changes and study, respectively...
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The dispute over invoking abusive clauses inserated in banking contracts in the trial of a contestation of the execution - alignment to european trends in the matter
The number of cases concerning the abusive clauses inserted in banking contracts, trialed in front of the national courts, is a considerable one. It seems like the compliance of the national regulations with the provisions of Directive 93/13 / EEC on 5 April 1993 on unfair terms in consumer contracts, is a difficult process. The purpose of the present study is to observe the current state of the...
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About the res judicata authority of the reorganization plan and/or of the measures taken by the judiciary administrator or liquidator within the frame of the insolvency procedure
This paper examines the legal force of various procedural acts delivered within the frame of the insolvency procedure as regulated by Law 85/2014. The study aims to assert the res judicata effects of the syndic judge judgments and to find out if the related procedural acts approved or scrutinized by the syndic judge or issued by the insolvency administrator or liquidator during the insolvency...
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Contract for Donation in the Roman Law and its Development in the Positive Law in Kosovo
Contract for donation is one of the oldest as well as the most important contracts in the positive law in Kosovo, for the fact that through a gift deed a person (the donor) carries or is obliged to convey the other contractor (the donee) the right to ownership of a particular object or any other property right. This contract dates back to the Roman law where the foundations of the legal rules...
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Covert and technical surveillance measures and investigation
The use of contemporary technological achievements in combating and preventing criminality, especially when it comes to discovering it and ensuring evidence, is considered imperative in contemporary conditions. In this process the undertaking of certain actions, with the necessary use of means and technological methods, there may be a conflict with the fundamental human rights and freedoms. In...
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The Emerging Digital Age and Copyright Protection in Nigeria: The Need To Strategize
This work examined the legal impacts of the emerging digital age on copyright protection in Nigeria with a view to suggesting ways forward. A cursory look at the level of technological advancement will reveal that new technologies are pushing the older ones into extinction,which has been witnessed in every sphere of human endeavor. It is observed that unauthorized users are assailing protected...
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Termination of obligational relationships according to the will of the parties, under the Law on Obligational Relationships of Kosovo
The establishment of relationship of obligations is the commitment of free and legal will in their fulfilment. In this way voluntary and law-based relations are realized voluntarily, ensuring that the obligations and the economic relations are developed and strengthened, and on the other hand, judicial proceedings are eliminated. The fact that for a long period of time, civil legal relations in...
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Adapting the National and Union Rules on Copyright in the Digital Era
Copyright protects the expression of an idea, not the idea itself. The relationship between freedom of creation and copyright has always been complicated, and the current situation of copyright requires that it be re-established as an institution, in order to respond to new challenges. As a result of the evolution of the technique, the introduction and development of new media, information and...
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Divorce as a way of marriage dissolution according to the positive right in Kosovo with a comparative overview on Albanian, French and German legislation
The principle of free initiative in civil relations in general, and in those statutory in particular, enables citizens’ freedom of choice in establishing statutory relations, which in this case is marriage. Having reached adulthood, all physical persons have the ability to find a person whom they want to marry, without any imposition. Marriage is an ongoing communion between a man and woman,...
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Imposing diversity measures to juveniles
Diversity measures as a kind of alternative measure are often imposed to juveniles, who have committed minor criminal offenses. These measures are envisaged by relevant international acts (Tokyo Rules and Beijing Rules) and the criminal legislation of a considerable number of contemporary states. Within this article, the meaning of the diversity measures, the characteristics and the purpose of...
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Qualitative Marketing Research for the Consumer Behaviour Specific to the Multilevel Marketing System
This study was made in order to identify consumer behaviour specific to multilevel marketing system and to analyse the factors that make them buy through this system. The aim of the research was to gather information about the behaviour of Romanian consumers on the market of modern distribution systems, to identify their opinion and their satisfaction with the systems, the purchasing frequency,...
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The Behaviour of Romanian Consumers Regarding the Purchase of Products and Services
Consumer behaviour is a component of the people’s economic behaviour, which, in turn, is a form of manifestation of human behaviour in general. Several selling methods can be distinguished like selling on the commercial premises, distance selling, direct selling or selling on the internet. The propose of this paper is to identify the purchasing behaviour of women and men in the European Union and
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Sport sponsorship contracts
Sports organizations constitute the biggest events of the world and are usually widely followed. The main financial source of many athletes or sports organizations is the sponsorship, which enables the sponsor to reach customers. In this paper, I begin by defining the sponsorship, sponsorship contracts and sport sponsorship contracts. Then, I will discuss the legal nature of them. Secondly, I...
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Considerations regarding consumer protection in Romanian and European law. The notion of consumer
Ensuring a high level of protection of consumer rights represents a concern of the European Union. The consumer is, in the broadest sense, the person who purchases goods and services. The policy of consumer protection is based on the presumption of vulnerability of the individual in relation to the professionals. Keywords: consumer, professional, vulnerability, objective acceptance, subjective...
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Arbitration settlement of disputes concerning administrative contracts in Romania
The present study aims to analyze the conditions under which arbitration may be used in the administrative contracts provided by the Civil Code and the legislation on public procurement and concessions. In the administrative law doctrine, the provision on the possibility to resort to arbitration in litigation regarding the administrative contracts is often expressed, because the competent...
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Protection of land ownership of foreigners in Ukraine
The restrictions and peculiarities of the realization of the right of ownership of land by foreign citizens in Ukraine are considered. The emphasis is placed on the functioning of the principle of proportionality, the provision and criteria of predictability by the law and compliance in relation to the restriction of the rights of foreigners in acquiring agricultural land. The peculiarities of...
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Acquisition of Ownership by Prescription under Kosovo Property Law and the Influence from Other Legal Systems
Kosovo legal framework related to property and other real rights has been developed in the recent years. The post 1999 period is characterized with major changes in legislation. The influence of German Civil Code and other European legal systems is evident. This influence is justified due to major external support in the process of drafting Kosovo legislation. The focus of this paper is given to...
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The European Law of Torts, Case Study: Regulation no. 864/2007 of the European Union
The purpose of this paper is to provide readers and third persons with general knowledge on the notion of non-contractual liability, in what aspects non-contractual liability it is distinguished from contractual and criminal liability, in what aspects non-contractual liability it is similar compared to contractual liability, which law is applicable to regulate non-contractual obligations, what...
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Guarding in the Countries of the Western Balkans as the Part of Family Law
Guarding is one of the most important legal institutes of the family law. That is one of the forms of social protection of children without parental care and it differs from adoption. According to the legislation in the Western Balkan countries where there are differences and similarities, the subject to guarding are not only children whose parents have passed away but children whose parent are...
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Absolute Invalidity of Contracts
Obligations created by the will of the subjects of the right, natural persons and legal persons, are based on a contract. These obligations are voluntary obligations. The initiative for the establishment of civil-legal relations, and in particular the contractual right based on dispositive provisions, requires us to be careful, primarily in the choice of the contracting party, the subject matter...
- Civil liability - eternal and fascinating lady of civil law
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Considerations on the liquidation among the heirs of the funeral expenses
According to article 984 par. (1) of the Civil Procedure Code, if an succession is divided, the court, in order to achieve a fair and complete division, determines the debts of the deceased, the debts and claims of the heirs towards the deceased, as well as the charges on the succession. The latter also include the expenses related to the burial of the deceased, both those related to the burial...
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Solving work conflicts. Past and future
This study aims to analyze the evolution of regulations on the resolution of labor disputes, starting with the provisions of the Law for the organization of trades, credit and labor insurance from 27 January 1912 and up to present days. Some of the key rules found in the current legislation will be analyzed and commented on, following with suggestions for a future regulation. The study uses the...
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Consumer Protection on the Banking Services Market
This article analyses an important part of consumer protection, namely consumer protection in the banking services sector (especially with regard to bank loans). The paper aims to create a clear picture of consumer protection on the banking market and how consumers perceive they are protected in this market. In this respect, a quantitative marketing research based on the survey method was carried
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Special attributions and deontological rules of registrars' professional activity regarding marriage and divorce
The Registrar is a civil servant with special atributions regarding marriage and divorce. In Romania the registrars’ activity is established by Law no 119/1996 regarding the civil status documents with subsequent modifications and additions, Law no 189/1999 regarding the civil servant status with subsequent modifications and additions, the Civil Code, internal regulations of City Hall or Civil...
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Romanian Law no. 151/2015 on the insolvency of physical persons. Participants in insolvency proceedings
On June 26, 20152, in Official Gazette no. 464, Law no. 151/2015 regarding the insolvency of natural persons, with the deadline for entry into force on 31.12.2015. However, at this time, the law does not have legal effects, its entry into force being repeatedly postponed, the last deadline set for this purpose being 01.01.2018. Unfortunately, the adoption of Government Ordinance no. 30/2017 for...
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The Aspects of Preemption Right in the Romanian and Hungarian Legal System
The preemption right, according to its definition, could be described as a right under which a party has the first opportunity to buy an asset before it is offered to a third party. The preemption right is also called, mainly in the business field, the first refusal right. The preemption right or the right of preemption first appeared in the post-communist states after 1989, due to the...
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Determining the absolute nullity of successive execution contracts concluded under the old civil code in regard to the provisions of the new civil code
Absolute nullity is regulated by the provisions of article 1247 of the Civil Code1 as that legal sanction which applies to the contract “concluded with the violation of a legal provision which protects a general interest”. Article 1247 represents the legal background of absolute nullity, regulating general aspects of this institution, the people who can invoke absolute nullity, the ways by which...
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Some considerations regarding the general legal status of the nullity of the legal act in the light of the new civil code
Through this study, we aim to highlight the novelty that the Civil Code has brought about the regulations on the legal regime of nullity. At the same time, we aim to point out the controversial and/or critical conceptual aspects of the issue and to formulate de lege ferenda proposals on the improvement of the legal regime of nullity.