Jurnalul de Studii Juridice最新文献_第5页

THE SUPPLY CONTRACT: A SIMPLE SALE OF GOOD? 供货合同:简单的货物销售?

Jurnalul de Studii Juridice Pub Date : 2020-12-20 DOI: 10.18662/JLS/15.3-4/74

Georgeta Creţu, Camelia Spasici

引用次数: 0

DIVORCE THROUGH ADMINISTRATIVE PROCEDURE - SOCIAL ARGUMENTS 行政离婚——社会争论

Jurnalul de Studii Juridice Pub Date : 2020-12-20 DOI: 10.18662/JLS/15.3-4/75

I. Apostu

{"title":"DIVORCE THROUGH ADMINISTRATIVE PROCEDURE - SOCIAL ARGUMENTS","authors":"I. Apostu","doi":"10.18662/JLS/15.3-4/75","DOIUrl":"https://doi.org/10.18662/JLS/15.3-4/75","url":null,"abstract":"Although in Romania the number of divorces is considered to be in a continuous increase, in reality, the data of the National Institute of Statistics show that in Romania, the divorce rate remains constant and in small shares. In 1990, the Romanian divorce rate was 1.42 ‰ and the latest national INS data show a general indicator of 1.39 ‰. The low divorce rate in Romania does not imply, at the same time, a high rate of marital happiness in the Romanian family. With many cultural influences, the condition of being divorced does not enjoy much tolerance, so some of the potential legal separation decisions are obscured by traditional imperatives that block or delay the divorce. However, the new legal proceedings after 2010 regarding the option of legal separation at a notary or before the registrar have created the premise of a simplified divorce that avoids the courts, long and frequent appearances, as well as greater exposure. The study aims to analyze the motivations of individuals for divorce at the notary or the registrar, starting from the dilemma of arguing a simplified legal procedure or a decision related to a better protection of privacy. The paper is based on a qualitative research, the method used being the sociological survey, and the research tool - the semi-structured interview. For the data collection, the technique of non-probabilistic qualitative sampling of convenience was used.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125494053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

BOOK REVIEW OF THE VOLUME MEDIEREA CONFLICTELOR FAMILIALE, AUTHORED BY IULIAN APOSTU, 2020 《媒介冲突与家庭》一书书评，作者:尤莲·阿波斯图，2020年

Jurnalul de Studii Juridice Pub Date : 2020-12-20 DOI: 10.18662/JLS/15.3-4/78

N. Aniţei

引用次数: 0

LEGAL CONDITIONS IMPOSED BY ART. 78 OF THE ROMANIAN CIVIL PROCEDURE CODE REGARDING THE HEARING OF A CASE WITHOUT RULING ON ITS MERITS 艺术规定的法律条件。《罗马尼亚民事诉讼法》第78条关于审理案件而不就案情作出裁决的规定

Jurnalul de Studii Juridice Pub Date : 2020-12-20 DOI: 10.18662/JLS/15.3-4/76

Alexandru Bleoancă, Dunărea de Jos

引用次数: 0

MINORITY. THE MINOR-VICTIM AND THE MINOR-OFFENDER 少数民族。未成年受害者和未成年罪犯

Jurnalul de Studii Juridice Pub Date : 2020-12-20 DOI: 10.18662/JLS/15.3-4/72

D. Grumeza

{"title":"MINORITY. THE MINOR-VICTIM AND THE MINOR-OFFENDER","authors":"D. Grumeza","doi":"10.18662/JLS/15.3-4/72","DOIUrl":"https://doi.org/10.18662/JLS/15.3-4/72","url":null,"abstract":"Research literature notes differently the time of the minority as compared to the time when the minor gives its assumed consent for sexual intercourse, in the latter case, the age in some jurisdictions being of 16 years old.( Taylor, Quayle,( 2003), : 3). At the international level, there was also the intention to change the biological age with the age that the minor seems to have, but the difficulties deriving from establishing an age that the minor has only apparently determined the maintenance of the chronological age as a criterion for establishing the minority, and implicitly, the existence of the crime. Particular attention is paid to adolescents, who are minors between the ages of 13 and 17. According to the UN Convention on the Rights of the Child (S.1), “child means any human being under the age of 18 (…).” However, the UN Convention leaves the states to determine alone the age of majority, which may be below or above the limit set by the Convention. That is why we find different ages worldwide for determining adulthood. In common language, the concepts of \"pornography\" and \"obscenity\" are substantially equal. However, pornography involving minors does not necessarily mean obscene behaviour, it can represent explicit, lewd or suggestive sexual behaviour Starting from the definition of the minor in the UN Convention on the Rights of the Child, we go beyond the multiple discussions in the research literature on the minority, the term \"minor\" being considered too imprecise, impliying both the criminal and civil minority. Criminologically speaking, the necessary distinction is made between child - adolescent - adult - elderly. So, both the child and adolescent are subsumed to the concept of minor. We also note that the minority can be a characteristic of the victim, but also of the offender.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121397170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

CONSENSUAL UNION - AN INTERMEDIATE STATE BETWEEN TWO MARRIAGES 双方同意的结合-两段婚姻之间的中间状态

Jurnalul de Studii Juridice Pub Date : 2020-06-09 DOI: 10.18662/jls/15.1-2/66

I. Apostu

引用次数: 0

THE EFFECTS OF MARRIAGE ON THE MARRIED WOMAN’S POSSESSIONS AS STIPULATED BY THE 1864 CIVIL CODE 1864年民法典规定的婚姻对已婚妇女财产的影响

Jurnalul de Studii Juridice Pub Date : 2020-06-09 DOI: 10.18662/jls/15.1-2/62

I. Apetrei

{"title":"THE EFFECTS OF MARRIAGE ON THE MARRIED WOMAN’S POSSESSIONS AS STIPULATED BY THE 1864 CIVIL CODE","authors":"I. Apetrei","doi":"10.18662/jls/15.1-2/62","DOIUrl":"https://doi.org/10.18662/jls/15.1-2/62","url":null,"abstract":"It is well-known that in human history the relations between women and men have not always been under the sign of equality. Thus, during matriarch the mother established the rules within the family, while patriarchy has given man the prerogatives of the majority. The rights that the man has had on the woman and children have evolved throughout history, according to the different stages of social development and implicitly to the rules of those historical periods. This paper analyzes the married woman's incapacity in the regulation of the Romanian Civil Code of 1864 2 , which has as primary source of inspiration the French Civil Code (Napoleon’s Code) 1804. The Constitution of 1948 3 brought important changes in family relationships, through the consecration of new principles, among which that of gender equality. Subsequently, the equality between women and men in all areas of social life has left its mark on the relations between spouses, so that the legislative changes to the Civil Code and afterwards to the Family Code of 1954 balanced the relationship between spouses. The current Romanian Civil Code, which entered into force on October 1, 2011, reaffirms and strengthens the equality between spouses, both in terms of relations between them and of the exercise of parental authority.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"255 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114466196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

SOME ASPECTS REGARDING THE EUROPEAN LAW OF THE CHILD 关于欧洲儿童法的一些方面

Jurnalul de Studii Juridice Pub Date : 2020-06-09 DOI: 10.18662/jls/15.1-2/59

O. Gălăţeanu

引用次数: 0

THE “MARKET” OF HUMAN REPRODUCTIVE CELLS IN ROMANIA 罗马尼亚的人类生殖细胞“市场”

Jurnalul de Studii Juridice Pub Date : 2020-06-09 DOI: 10.18662/jls/15.1-2/60

C. Ungureanu

引用次数: 1

ALTRUISM AND MORALITY IN CONTEMPORARY FAMILY 当代家庭中的利他主义与道德

Jurnalul de Studii Juridice Pub Date : 2020-06-09 DOI: 10.18662/jls/15.1-2/67

A. Matic, S. Mirica

{"title":"ALTRUISM AND MORALITY IN CONTEMPORARY FAMILY","authors":"A. Matic, S. Mirica","doi":"10.18662/jls/15.1-2/67","DOIUrl":"https://doi.org/10.18662/jls/15.1-2/67","url":null,"abstract":"In this paper we aim to present the new types of families that appeared in the contemporary society and the necessary parental skills that the member of these families should have in order to raise children so they become healthy, functional, happy and independent adults. In many ways the children of the families conceived through assisted reproductive technologies resemble to adopted children. They are raised by mothers and fathers to whom they may miss the genetic link and they are biologically linked to donors of sperm or egg that they have no idea about. Studies show that many of these children don’t know how they were conceived and this secrecy could become a problem as they grow up. Also, the society moral rules should change in order to accept and not discriminate the new families because a discriminative attitude could severely affect the social integration of the children coming from these families. We consider that, on the long term the disclosure about the conception through assisted reproductive technologies, the possibility to meet the donors after the age 18 and a tolerant attitude towards the new types of families are important aspects that should be regulated and respected for the best interests of the children. Ultimately, in order for all the children to be properly raised several conditions must be fulfilled: to have altruist loving parents, their parents to not suffer of any mental illness, to have secure parental attachment, to know their life story and to be accepted for what they are.","PeriodicalId":106812,"journal":{"name":"Jurnalul de Studii Juridice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125742667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0