• Agora International Journal of Juridical Sciences

Agora University Editing House
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  • Vices of consent concerning the civil legal act

    The right is the totality of the conditions under which the will of each can coexist with the will of all, according to a universal law of freedom".Immanuel Kant. The requirement that the expression of will to be uncorrupted is a legal necessity, but also a guarantee of compliance with the principle of freedom of civil legal acts, the real principle of will and the principle of law which enshrines the legal equality of the parties to civil legal relationship since the legal civil act must be the consequence of a volitional attitude, free and conscious expressed.

  • Minors' protection through adoption. Critical analysis on new regulations

    Adoption is one of the main measures to protect the minor in difficulty, which represents the minor who does not even benefit from the protection of one of his parents. Adoption is a measure of the minors’ protection because it ensures a substitute family, being understood that the child develops best physically and mentally within a family. The adoption procedure in both its forms (administrative and judicial) is perfectible, having suffered many changes in recent years, the last change being made in 2016. Among other important changes, the new regulation emphasizes the importance of one of the principles of adoption - celerity, setting new deadlines to be respected in adoption procedures or reducing existing ones.

  • The gcc diplomatic rift and its reverberations upon romanian presence in the region

    By virtue of their economic influence, the Arab States of the Gulf are highly interlinked within the global community. Dimensions of globalization (such as outward looking focus on international trade, openness, growing business opportunities and investment) are shifting their interests to a broad spectrum of partners leading to increased connectivity platforms and links. Apparent deteriorating ties seriously undermines relations among GCC1 players and adversely affects its functioning. Current dispute, centered on allegations about Qatar’s foreign policy, caused much consternation, in fact, unequivocally conflicted with the interests of other members and escalated tensions. A scheme of prolonged economic isolation for the Gulf state of Qatar presents challenges and opportunities for Ro...

  • The interdisciplinarity of the scientific research of law. The insolvency institution - an integrative area configured and resized by the intersection of the legal, economic and social realities

    Law is a dynamic social phenomenon reconfigured and re-dimensioned by the continuous and complex changes of the society, the multidisciplinary and especially the interdisciplinary of scientific research ensuring the dynamics of the norms of law outlined in the light of an integrative knowledge so necessary in the postmodern era.

  • Beyond the law. The cpd model for the professional development of future teachers.

    The paper aims to describe the experimental project of the adjustment pathway to school that was developed at the Primary Education Degree of the University of Molise. The project started from the model of the Continuing Professional Development (CPD) typical of the Anglo-Saxon professional culture that does not find a specific application in schools system of teacher training, expecially in Italy, and developed from the scholar prof. Stefano Bonometti. The project aims to develop the students’ culture of lifelong learning education, starting from universities education by developing a personal plan of professional development through typical methods of the CPD. Particularly, students of the fifth year, the final year of the degree course, will start a process of reflection of acquired ...

  • Limitation of the right to require enforcement under the rule of the new civil procedure code of an enforcement order obtained before its entry into force

    In a case, the court of appeal have interpreted the provisions of the law regarding the enforceable judgments delivered at first instance, with the right of appeal, or those in respect of which the parties agreed to directly exercise the appeal, when those interested or harmed by the enforcement can require the cancellation of the enforcement documents drawn up by violation of the legal provisions. The jurisprudence is not unanimous to consider the enforceability of the final civil decision is, however, a temporary one, until it is confirmed by the court of appeal, and it is removed when the court of appeal gives a contrary approach. One of the roles of the limitation is to provide the security of legal relationships, because after the expiry of the limitation period the debtor is satis...

  • A legal review of italian model of intercultural education

    The aim of this work is to repeat in another european scientific context an overview of intercultural education in Italian school starting from the legal perspectives. Unlike Italy, in many European countries, since the middle of the 900, the issue of interculturality, in field of education, has become a real emergency. In this perspective, the Council of Europe and UNESCO, in the Eighties of the last century, have focused their attention on this issue by adopting various pronouncements and recommendations. In Italy, however, the National Council of Education (CNPI) has ruled in favor of intercultural education much later - by means of different standards and ministerial circulars that have treated this issue explicitly - and only recently has defined a national model of intercultural i...

  • The authentic will between theory and practice

    A will is the unilateral, personal and revocable judicial act through which a person, called a testator, rules for the time when he is no longer alive. A specific form of will regulated by law is the authentic will. It is characterized by the fact that the will of the testator is drawn up in authentic form, the testator is advised, and thus the will acquires the specific force of the authentic act. What differentiates the authentic will from other forms of will is the authentication procedure, which is described within this article. This procedure ensures the protection of the testator’s will, the full understanding of the effects of a legal act with death cause.

  • Legitimate defense and the military rules of engagement ofthe armed forces

    In a practical sense, we can say that legitimate defense is at the foundation of any military action or inaction, it is at the same time the legal basis for any decision made by military decision-makers. Of no lesser importance are thoseregarding the general public, society as a whole, given the situation in the current international context, when the right to free movement is already established, therefore any person may be directly or indirectly confrontedwith a limit-situation in which, one’s instinct of self-preservationwould require and result in an attitude of legitimate defense, when one’s own life is endangered, as is the case more and more often nowadays. For these reasons, the obligation to ensure public security, order and the safety of citizens through a solid cooperation in...

  • Ordinance no. 53/2017 From august 4th, 2017. Combating unlawful labor, modifications of impact of the romanian labor code under the emergency

    By Law no. 40 / 2011de modification of art. 16 par. (1) of the Labor Code has been radically changed as to the legal nature of the form of the individual labor contract. This has been changed from a test condition of the contract (ad ptobationem) to a validity (ad valitatem) Amendments to the Labor Code, by Emergency Ordinance No. 53/2017 of 4 August 2017, have as main purpose the fight against undeclared work, including during the duration of the employment contract

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