Acta Universitatis Danubius. Juridica
- Danubius University of Galati
- Publication date:
- No. 16-1, January 2020
- No. 15-3, September 2019
- No. 15-2, May 2019
- No. 15-1, January 2019
- No. 14-3, September 2018
- No. 14-2, May 2018
- No. 14-1, January 2018
- No. 13-3, September 2017
- No. 13-2, May 2017
- No. 13-1, January 2017
- No. 12-3, September 2016
- No. 12-2, May 2016
- No. 12-1, January 2016
- No. 11-3, September 2015
- No. 11-2, May 2015
- No. 11-1, January 2015
- No. 10-3, September 2014
- No. 10-2, May 2014
- No. 10-1, January 2014
- No. 9-3, September 2013
- Legal Effects, Types and Revocation of the Deed of Gift under the Legislation of the Republic of Kosovo
The gift contract is a separate positive law contract in Kosovo, which is concluded between two entities, the donor and the recipient. Given the fact that gift contract falls in the group of unilateral binding contracts, it only creates obligations on the part of the donor. The principal duty of the donor is to transfer the subject of the gift into the ownership of the donor. The legal effects of the gift contract are reflected in the rights and obligations of the contracting parties. As the gift contract falls in the group of charitable contracts, there would be no guarantee of physical or legal deficiencies for the donor. In Kosovo positive law, the following types of gift contracts apply; reciprocal gift contract, mixed gift contract, rewarding gift, posthumous gift contract, gift order contract. In this paper we will examine the legal effects, rights and obligations of contracting parties to the gift, the specific types of gift contract applied in practice in Kosovo, the revocation and causes of the gift contract revocation, and ways of annulment of the gift contract, specifically the voluntary and nonvoluntary ways of the contracting parties. Keywords: deed of gift; legal effects; revocation; types of deeds gift; LOR
- Phenomenological Approach of Robbery with Special Overview in the Basic Court in Gjilan- Brach in Vitia during the Period 2013-2017
For the purpose of describing, studying, analyzing the features of the manifestation of crime or phenomenology that is otherwise known as a study of external symptoms affecting internal events related to robbery, we will look through reviewing and analyzing the volume, the dynamics and structure of this type of criminality, the time, the place and the means of committing robbery. Then also the study and analysis of robbery if they are carried out through their cooperation and union, as well as some important features of the perpetrator, social features such as the age of the perpetrator, the sex of the perpetrator, the profession, the level of education, recidivism and so on and in this way it will be easier for us to understand these phenomenological factors. Keywords: volume; dynamics; objective factors; subjective factors; personal traits
- Premises of Liability of a Person who Assists in Causing Damage under Polish Civil Law
This study has been devoted to selected issues of assistance in causing damage and more specifically to the issue of the premises of liability for damages of a helper under Polish civil law. There is an important dispute in the Polish doctrine of law and in judicial practice as well, whether it is possible to accept liability for damages of the helper in the absence of his intentional fault. The work was prepared using a formal and dogmatic method. Under Polish tort law responsibility for aiding and abetting a damage requires the helper's intentional fault. The paper could be useful for academics and researchers dealing with the comparative tort law. The study raises arguments for the thesis that the sine qua non premise of a helper's civil responsibility is intentional fault. The study presents a critical analysis of the views of doctrine and case law. Keywords: tort; civil responsibility; helper to a tort; intentional fault
- Protection of Human Trafficking Victims and Functionalization of Institutional Mechanisms in Kosovo
Trafficking with human beings involves not only a crime in itself, but, in most cases, it is a crime with multiple activities and with multilateral organizational structures. Before the war in Kosovo, trafficking with human beings was very little, or not to say the least expressed, meanwhile with the end of the war, Kosovo was not only a transit country, but it is a source and destination country for women and children, sexual victims trafficking and forced labour. This paper represents an attempt to highlight the growing phenomenon of trafficking in human beings both in the region and in Kosovo, based on available literature, reports, contacts and personal research. The paper gives a brief summary of the criminal law aspect, namely the material law aspect. The problem is also associated with increased migration and because of the complexity of the problem trafficking of human beings, especially young women and girls for prostitution purposes is identified. This paper is primarily leaded by these issues and seeks to investigate what happened in Kosovo in that area and what are the steps needed by prosecution authorities and NGOs to prevent human trafficking in the future. Keywords: Trafficking with human beings; Victims of Trafficking, Organized Crime; Non- Governmental Organizations; Prevention and Combating Human Trafficking
- The Legal Concept of 'State of Emergency': A Comparison Between Romania and Other European Countries
We aim at identifying the characteristics of "state of emergency" in Romanian legislation, and how it compares in international context. There is important work done on the following related topics: the state of emergency in Romania, the state of emergency as an international concept, and comparisons on this matter between different countries. The legal concept of "state of emergency" in Romania is compared to that from other countries, namely France, Germany, Italy, and Hungary, as well as put into a wider international context. In order to make this comparison, we study several laws and the related literature review, and then create country-focused case studies. Romania has a balanced, rule-of-law approach concerning the state of emergency. The probability for abuse is lower than in other states. This paper contributes to the understanding of the concept of "state of emergency" in Romanian law, useful for both researchers, and policy makers This subject is of the highest relevance in the context of the 2020 state of emergency in Romania, but also because of the lack of a paper on this topic that puts Romania at the centre of the analysis. Keywords: state of emergency; emergency powers; state of exception; martial law
- The Legal Nature of Consuls Immunity
Whenever is talked about the immunities and privileges of the consuls, it must bear in mind that this institution is of particular importance in international law, especially in consular law. Otherwise, the immunity as a concept means exemption from an obligation. In the legal point of view, the content of the nature of the immunity itself consists to explain a particular status of a subject at a certain time. This paper aims to explain the meaning and the importance of the consuls immunity based on various literature and in domestic and international legal acts i.e. Havana Convention on Consular Agents (1928), Vienna Convention on Consular Relations (1963), European Convention on Consular Functions (1967), Convention on Special Missions (1969), on which are foreseen all rights and obligations of consuls that they exercise during the performance of the mission in the receiving state. What is characteristic in the performance of the consular activities is the case when the sending state does not have diplomatic representatives in the receiving state. This consists of giving the opportunity for performation of diplomatic affairs by the consuls, which implies the consent of the receiving state, but always preserving consul status. It should be noted that among immunities and privileges that are invoked by consuls and which are universally acknowledged, but there are some cases that remained to be regulated by bilateral agreements between states. Keywords: Diplomatic Agent; Consul; Convention; Immunity
- The Role of Regulatory Bodies and Other Role-Players in the Promotion of Financial Inclusion in South Africa
The promotion of financial inclusion is vital for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most of the poor and low-income earners are still struggling to have access to basic financial products and financial services in South Africa. This status quo has been, inter alia, caused by several factors such as the lack of a specific statute for financial inclusion, the lack of a specific regulatory body to enforce that statute and the adoption of inadequate measures by the government and other role-players to effectively promote financial inclusion for the poor and low-income earners in South Africa. It is against this background that this article discusses the role of the government, regulatory bodies and other relevant role-players in the promotion of financial inclusion in South Africa. In this regard, the role of the South African Reserve Bank (SARB), the Banking Association South Africa (BASA), the National Consumer Tribunal (NCT), the National Credit Regulator (NCR), the National Treasury and the National Consumer Financial Education Committee (NCFEC), the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA) is discussed. This is done to investigate whether these regulatory bodies and role-players have adopted adequate measures to robustly and consistently combat financial exclusion of the poor and low-income earners in South Africa. Keywords: financial inclusion; financial exclusion; role-players; low-income earners; regulatory bodies
- Where do the limits of the discretionary power of the President of Romania in regard to the withdrawal of decorations end?
In the context of debates that occurred in the public spaces in regard to the decision of the President of Romania to withdraw decorations awarded to public persons, this study intends to perform an analysis in regard to the limits of the discretionary power of the head of state in this case. Without involving the political component of this case, our research shall be limited to the applicable legal framework (insofar there is any), the attributions of the Chancellery of Orders, the conditions of awarding and withdrawing decorations, inclusively the necessity of motivating decrees as an essential condition for the validity of the administrative deed. The study concurrently also refers to a comparative analysis between similar situations of withdrawing decorations. Keywords: discretionary power; decree; withdrawal; motivation; Chancellery of Orders
- Overview Analysis of the Voluntary Winding up of Solvent Companies under the Companies Act 71 of 2008
Winding up enables affected companies to be administered by the courts for the benefit of their members, creditors and other relevant persons. The available assets are divided amongst members, other relevant persons and creditors in accordance with their rights. The Companies Act 71 of 2008 (Companies Act 2008) regulates the winding up of solvent companies in South Africa while the winding up of insolvent companies is still regulated by sections 343, 344, 346 and 348–353 of the repealed Companies Act 61 of 1973 (Companies Act 1973). A solvent company may be dissolved through a voluntary winding up application initiated by the company members or shareholders and/or creditors in terms of the Companies Act 2008. Consequently, this article discusses the voluntary winding-up of solvent companies by its shareholders or creditors under the Companies Act 2008. Procedures, formalities and requirements that need to be followed to effect such voluntary winding up are also discussed.
- 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 regarding the notion of the contract for donation, the subjects that enter into that contract - the donor and the recipient, the types of this contract, which even nowadays are recognized by the contemporary law - both the positive law in Kosovo as well as the comparative one. Contract for donation is a contract on the permanent and free assignment of any thing or right. The aim of entering into this contract will be for one contracting party to gain material (property) benefits free of charge to the expense of the other contracting party. Through the gift, the recipient gains the right of ownership over a given item. The objective of charity (animus donandi) shall be the key element to this type of contract, thus being the ground of this contract. Contract for donation is regulated in the positive law of Kosovo through the Law on Obligation Relationships, which was adopted by the Assembly of Kosovo in 2012. The purpose of this paper is to present the development of the contract for donation in Roman law and by focusing on its detailed reflection on the positive law in Kosovo. This contract is extensively applied in practice in Kosovo.
- Nigeria: Challenges of Defence Counsel in Corruption Prosecution
The primary purpose of this paper is to examine the multidimensional challenges inhibiting the fight against corruption in Nigeria. With emphasis on litigation as a tool for fighting corruption, the paper reveals factors that contribute to corruption in Nigeria and efforts being made to combat it....
- The Administration's Crisis Multiplied by the Crisis of the Administrated
The starting point of this work is the idea that the concept of "crisis" should be approached with no fear. It is necessary to understand it as the signal which attracts attention upon the fact that some changes are appropriate and that some rationally thought actions ought to be taken in order to...
- 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...
- Monetary penalty as a penal sanction in the territory of the Basic Court of Prishtina in the period 2011-2015
This thesis will tackle the fine penalties according to the Criminal Code of the Republic of Kosovo, with particular emphasis on the Basic Court of Prishtina during the period 2011/2015, which will talk about the statistics provided by the Court as well as elaboration of the fine penalties...
- 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...
- The Role of Natural Law after World War II (Case of Nuremberg Trial)
Natural law is a set of inherent rights, based on the nature and existence of every man. Everyone has equal natural rights (such the right to live and physical inviolability or personal freedom) irrespective of gender and his age, his position in society, time, place and order the state in wich he...
- The Objects of Intellectual Property as Material Objects of the Smuggling Offence Committed on the Customs' Area of Republic of Moldova
The aim of this article is to make a general analysis of the objects of the intellectual property included in art.1CVof the Republic of Moldova. We also make a classification of intellectual property objects according to the legislation of the Republic of Moldova, as well as the existent doctrinal...
- Turkish emergency measures in the European Court of Human Rights. Cases: Sahin Alpay v. Turkey and Mehmet Hasan Altan v. Turkey of 20 March 2018
The present work is concentrated on the analysis of European Court of Human Rights (ECtHR), issued on cases: Sahin Alpay v. Turkey and Mehmet Hasan Altan v. Turkey of 20 March 2018. ECtHR has ascertained the violation of conventional rights by Turkish emergency measures for the first time. The...
- Constitutional Judiciary in the Republic of Macedonia under the shadow of its Fiftieth Anniversary-Situation and Prospects
In this paper, the author analyzes the position, prospects and challenges of the Constitutional Court of the Republic of Macedonia, in light of the fiftieth anniversary of the existence of this institution which in the socialist past suffered from complete marginalization, and people’s conscience...
- The Deformed Politicization of the Public Administration in Albania
Although there are many studies regarding the public administration and the civil service, the novelty of this paper stands in the fact that the observations of a civil servant with a long experience in the public administration are focused in the negative consequences of "militancy" and the "deform...