Agora International Journal of Juridical Sciences

Articles

The extinctive prescription on international merchandise sales, according to the New York Convention of 1974

In order to facilitate global trade and help international businesses to develop, general rules were needed in order to ensure clear terms of prescription in the area of international sales. Those rules were set up by a Convention, signed in New York in 1974 (NY Convention).Keywords: international sales, prescription, New York Convention.

State?s responsibility for international illicit acts

International Law, as all other legal branches, needs a system able to guarantee its application and to sanction all entities that would violate applicable international regulations, thus correcting also their possible effects. This is the system of international juridical responsibility of States or other international law subjects for international illicit acts.Keywords: State responsibility, international illicit act.

The minor?s contract in the age of consumerism in Italy

The Consumer Code provides for major protection of the consumer, namely the weakest contracting party, not overlooking the under-age consumer. There are several regulations showing that the legislator is aware of the possibility that the consumer raltionship involves minors. On the other hand, according to Italian law, minors have no legal capacity to enter into any contract. This essay explores on this contradiction and seeks to demonstrate the Italian law is in great need for timely and app...

The concept of damage and right of redress in the European context, regarding minorities

The concept of discrimination refers to the assembly of behaviours and atitudes by which the same rights and oportunities are denied to a category or group of people, meanwhile are being granted to others within the same political society. Discrimation is an individual action and the national authority designed to investigate, find and punish this kind of acts conventionally is called The National Committee Against Discrimination.Keywords: prejudice, discrimination, liability, causal, mi...

Founders, judges and modesty

The most momentous, controversial, even frightening power of the federal judiciary--the one in greatest tension with democracy and federalism--is the power to invalidate federal and state statutes that in the opinion of the judges are inconsistent with the federal Constitution. This power, which lawyers call \"judicial review,\" has often been regarded as the invention of a handful of free-wheeling late eighteenth- and early nineteenth-century American lawyers, notably Chief Justice John Mars...

Individual or collective rights as rights of the national minorities

The present paper is based on the doctrinal and legal approach to the minority rights in terms of two possibilities of exercising them, namely together with the individual one, or with the others.The legal issues presented in the paper is of a strong political nature and created difficulties both in defining the term "national minority''and in framing its rights into individual or collective rights.Keywords: National Minorities, Human Rights, Individual Rights, Collective Rights.

The legal protection of the minorities under the European Convention on the Human Rights

The rights of the minorities were a great concern of the authorities at the beginning of the twentieth century with good results after World War I, by the treaties concluded between the Allied and Associated Powers (USA, United Kingdom, France, Italy and Japan) and the defeated states or those that got their former territories reintegrated together with the minorities now living in these territories.Keywords: Protection of the minorities, the Framework Convention for the Protection of th...

Amnesty as a turning point for transitional justice in the light of democratic transformations - Algeria as case -

Within the recent democratic transitions, countries suffer from inflation in the newly penal legislation, but this inflation did not reduce crime, and it did not take into account the purposes of applying reform laws. So the desired goal of reform is the return of the offender to the normal behavior. For this purpose, penal legislations – as in Algeria – adopted Amnesty as one of the methods of reform.Keywords: amnesty, concord, reconciliation, transitional period, justice, democratic tr...

Agent substitution and subcontract

The attempt to disclose the juridical nature of agent substitution has led to the outlining of two opinions in the classic law doctrine: subcontract or assignment of contract. However, we find it worthy of discussing a third hypothesis, that of a multiple, "sui generis" identity, since we consider the unitary identification of various cases of substitution to be inaccurate.Keywords: agent, substitution, subcontract, assignment of contract.

Agent substitution and assignment of contract

The juridical identity of agent substitution is a matter that has not yet been fully clarified by legal doctrine. However, two classic opinions have been formed concerning the identification of this legal operation: one considers agent substitution to be a typical example of subcontract and the other one assigns to it the characteristics of an assignment of contract.Keywords: agent, substitution, subcontract, assignment of contract.

Aspects regarding the right to a fair trial

This article analyses one of the most important principles of the law that is, the concept of the right to a fair trial. The article emphasizes the importance of the European Convention of the Human Rights upon the national laws, regarding the necessity of applying its provisions into the national trials when the national laws tend to restrict the litigants’ rights. Therefore, everybody has the right to be judged within a reasonable time, by impartial judges and on the base of accurate legal ...