In order for transport to function adequately, existing legislation needs to be harmonised and adapted. The Road Transport Act of the Republic of Croatia, with its 2018 amendments, introduced important innovations in the regulation of contracts for transport in domestic road transport, which leads to significant difficulties in the conduct of modern public passenger transport. It...
The judicial practice has met with the issue of the legal nature of obligations relating to settlements of quotas of 0.1% of Law no. 50/1991 regarding certification of construction works and 0.5% owed according to article 43 of Law no.10/1995 regarding quality in construction. Classification of these obligations as to whether they are of fiscal nature or not triggers significant...
For as long as Kosovo is not a member of the UNO and other mechanisms yet, the latter cannot ratify international conventions on human rights. But, in its constitution (Chapter II, fundamental rights and freedoms), Kosovo has included international agreements and instruments which guarantee the principles and values of human rights and fundamental rights. Kosovo has a wide range...
Respecting the classic opinions about the process of forming scientific notions, it should be noted that the development of forensic knowledge about the organization of crime investigation has gone from understanding the needs of practice in organizational support for disclosure and investigation of crimes and formulating a scientific idea. The field of crime investigation, in...
Refugees have a potential to separate with their family members when they flee in order to seek asylum in other countries. This often occurs as many refugees do not have time to plan for their flight. Family unit is a fundamental group unit for society and is essential for refugees. For this reason, the refugee status is also extended to family members of a recognised refugee...
An established as well as acquired easement right (recorded in the public real estate books) may have reasons that may lead to the termination of this right. The right of real servitude exists to perform a certain function, a certain social role. And when for some reason this function of the right of servitude can not be applied in practice, then the right of servitude ends or...
The doctrine of separation of powers is recognized by most civilized democratic countries. It was first presented in the Magna Carta. The doctrine dictates that power is divided into three branches of the government namely the executive, legislature, and the judiciary. For the doctrine to be implemented effectively and efficiently, there is a principle of checks and balances...
This essay aims to analyze the new phenomenon of the blockchain technology from the perspective of Polish tax law. Beginning with the description of the way blockchain technology operates, the notions of decentralization, proof-of-work consensus, and practical immutability are explained. The author researches the new tax regulations in force in Poland since 1 January 2019 and...
Flexibility and other advantages that the International Commercial Arbitration has in resolving commercial contests has made it possible that this mechanism be one of the key factors influencing the foreign capital in the developing countries, as well as signing of a large number of contracts involving a large amount of financial means. The purpose of this paper is to focus on...
This article provides a comparative analysis of company directors’ accountability and the application of the duty of care, skill and diligence under the South African and Zimbabwean company law. Notably, Zimbabwe has recently partially codified company directors’ duty of care, skill and diligence for the first time in the Companies and Other Business Entities Act [Chapter 24:31...
This article explores effects of the merger on the contracts that the companies involved in the restructuring operation. In the firstsection we analyze the general aspectsregarding the effects ofthe merger operation on the contracts using arguments from the Romanian and foreign doctrine and jurisprudence. In the second section we investigate the consequences of the merger on the...
This study started from the desire to present to the general public information on waste management, this representing a main goal in the European Union agenda, a series of legislative measures approaching waste in general and packaging waste in particular being adopted in recent years, as will be seen below. Further changes are expected in the management of plastic packaging...
The most important of Roman law, the Law of the Twelve Tables, LEX DVODECIM TABVLARVM, was adopted in 449 BC and was never formally abolished. The consequence of conflicts between the social classes of the Roman state, patricians and plebeians, the Decemiviral Law constitutes a true code, given the nature of the regulations of the famous law which concerned both the institutions...
The paper discusses the temporal stability of Romania’s Freedom of Information Act (Law no. 544/2001), using a neoinstitutionalist paradigm. I argue that none of the five amending laws of Law no. 544/2001 did not change the fundamentals and mechanisms of granting access to public information that existed when this law entered into force, all of them being limited and even...
As the vast majority of activities took place online, computer-mediated interactions increased. Moreover, new situations arose that required not only a closer connection between people but also a new approach to how to work on the computer. In these conditions, the incidence of computer crimes has increased, such as illegal access to a computer system, violation of privacy, which...
The recent SARS-CoV-2 virus installed worldwide triggered several consequences in the economic, social, health, environment, etc. In legislative field, the effects of the COVID-192 pandemic and of the legislative measures taken to limit its spread also affect the construction sector. Both constructors and beneficiaries of the constructions works have faced/ are facing various...
The „fiducia” represents a new institution in the legal system of the Republic of Moldova, being introduced by the Law on the modernization of the Civil Code and the amendment of some legislative acts, no. 133 of 15.11.2018, in force since 01.03.2019. In the process of elaborating the legal framework, the legislator took into account international legislative developments...
The legal regime regarding the career of civil servants is regulated by the Administrative Code. The termination of the employment relationship of civil servants follows, in principle, the same legal regime with the employment relationship of employees, with the specific features of the civil service. However, the termination of employment of civil servants contains certain...
The Constitution of South Africa establishes a cluster of institutions styled "state institutions supporting democracy", also called "Chapter 9 institutions", as they are created under Chapter 9 of the Constitution. These institutions exist alongside the traditional three branches of government – the executive, the legislature and the judiciary. They are independent, and they...
On-the-scene research is one of the activities that contributes substantially to the achievement of the purpose of the criminal trial. According to the criminal procedural law, the on-the-scene investigation is an evidentiary procedure that serves to administer or find out some means of evidence. From a forensic point of view, the on-scene investigation represents the procedural...
In this paper is analysed the restriction of testamentary freedom in a comparative aspect in some countries in the region and the EU. During the paper, the following research questions were asked: 1. What is the purpose of restricting testamentary freedom?; 2. What is the size of the necessary part, which testator no longer has the right to dispose a will or gift in favour of...
This study is dedicated to the analysis of the regulations regarding the will of the deceased in connection with the division of his succession patrimony, both in terms of his will manifested directly by the removal of legal heirs and indirectly by the establishment of legatees. In the elaboration of the study, we take into account the legal institution of disinheritance, the...
This paper aims to offer a new approach in administrative science, capitalizing on the author's experience in the field of private law.The evolution of law and judicial practice, as well as the requirements of today's society (economic, technological and strategic and, last but not least socio-cultural) require a rethinking of common law and interference in public law - private law.
In an epistemological horizon still unstable in terms of knowing the meanings and interdisciplinary valences of legal responsibility we will try in this study to formulate a new proposal regarding the level of abstraction of this metatheoretical concept. Our attempt is all the more difficult as professor D.C. Dănișor outlined the limits and conditions of legalizing concepts, the...
Discrimination consists in the differentiation in the treatment of certain persons, for example leading to nonrecognition of employees' rights and impairment of their fundamental freedoms. The existence of discrimination acts is analyzed through the criteria specified in the relevant regulations, with the mention that in the internal normative acts they are indefinitely provided...