• Acta Universitatis Danubius. Juridica

Danubius University of Galati
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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.

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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 Kosovo due to their unification with the code have resulted in disputes of different nature with which the judicial, arbitral and notary systems are faced. However, the issuance of the Law on Obligation Relationships is one of the great achievements in favour of especially relations of obligations, as well as of civil ones in general. In this paper, the purpose is the legal analysis of the voluntary termination of the relationships of obligations according to the Law on Obligation Relationships in Kosovo.

  • 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.

  • Legal Gaps in the Constitution of the Republic of Kosovo in Chapter on the President of the Republic

    Legal uncertainties and gaps in the legislation of Kosovo are expressed in constitutions, laws and other legal acts. Usually, these shortcomings are few in constitutions as the highest political legal act of a state. However, these defects are noted in the Constitution of the Republic of Kosovo. They can be explicitly distinguished in the chapter on the President of the Republic of Kosovo. These gaps are particularly evident in the case of resignation or death of the President. The article in the Constitution does not foresee who should exercise the function of the president when the president resigns or dies. Even more unclear situations we have when the president dies or resigns, at the time when the Kosovo Assembly is dissolved. These two situations occurred in Kosovo in 2006 and 2010.

  • 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 the public opinion, this is often interpreted as belonging to nondemocratic societies and states when there is an abuse of authorizations with the aim of placing control over their citizens. In this case, the fact that every criminal offense represents a violation of human rights and fundamental freedom is neglected, whereas contemporary crime, and especially the organized crime, infringe upon not only the basis of the society but also all rights and freedoms. Therefore, there should be no presumption as to whether prosecution bodies should use technological achievements in combating crime. The overall view of the European Court is that the state has a "positive obligation" to prevent and investigate criminal offenses and to criminally prosecute the offenders. The measures undertaken with the purpose of detecting and preventing such offenses and which interfere with the private life of the person are usually acceptable, provided they are provided by law and in conformity with the constitution and international standards which allow the limitation of freedoms and of human rights in indispensable cases.

  • 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.

  • 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 work with impunity, hence no corresponding legal sophistication to keep to the pace of the advancement in Nigeria. This work adopted a descriptive and analytical design of which reliance was placed on primary and secondary data. It has equally exposed the inadequacies of the extant copyright law in Nigeria with a view to determining if the present legal regime can effectively address the emerging issues accompanying the emerging digital age. It is revealed that the Nigerian government has refused to pay deserved attention to its creative industry which has adverse implication on the economy because aspiring creators will always look up to incentives.

  • 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 extraordinary pre-trial detention of the victims has breached their right to personal liberty and security (art. 5 of the Convention) and their right to freedom of expression (art. 10 of the European Convention on Human Rights). The orientation seems to be based essentially on the findings of the domestic Constitutional Court. This means that the Court of Strasbourg has not departed from its strict interpretation of the rule of previous exhaustion of domestic remedies but open for a more careful international control over emergency measures. The method of analysis is based in analysis of a case study which was analyzed and based on the international doctrine of ECtHR.

  • The Interpretation of Law and Social Practice

    The legal interpretation of the legal norm is important for the normal functioning of state bodies’ activity, respectively official persons, citizens and associations in the discovery of the will of the creator of legal norm. With other words, this process is an activity that is done by state bodies in the function of identifying the real meaning of the content of the legal norm. Interpretation in general, as a scientific-professional process, is an activity which explains the meaning of material phenomena with the purpose of their transmission. This material phenomenon is qualified as the carrier of the meaning that is presented by the sign. Therefore, for the interpretation of the right, respectively legal norm, the starting point is knowing the normative frame and then comes the analysis of its constitutional parts, the comparison other relevant laws and acts.

  • Modification of the Competences incumbent on the Court of Auditors in regard to the Regulation Authorities - Limitation of the Supreme Audit Institution's Authority or the Observance of the EU Law?

    This study attempts in its first part an analysisof the competences incumbent on the Court of Auditors.The analysis shall start for the general competences of the audit institutionprovided in the normative deeds regulating its activity. In the second part, the study shall analyze the competences of the Court of Auditors in regard to the regulation authorities. We proposed ourselves this analysis having regard to the EU law that regulates the obligation of members states to warrant the functional and decisional independence of the regulation authorities corroborated with the legal amendments brought to the normative deeds from the domestic law on the organization and operation of such authorities, by limiting the competences of the Court of Auditors only on performing the financial audit.

  • The Convention of the Hague of 2 July 2019 on the recognition of foreign sentences: Approaches and comments

    The present work deals with the conference and the adoption of the Hague of 2 July 2019 not entry in force which is concentrated in the analysis of the recognition and execution of decisions of civil and commercial matters in the international private EU law.

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