Agora International Journal of Juridical Sciences
- Agora University Editing House
- Publication date:
- Nbr. II-2018, July 2018
- Nbr. I-2018, January 2018
- Nbr. II-2017, July 2017
- Nbr. I-2017, January 2017
- Nbr. II-2016, July 2016
- Nbr. I-2016, January 2016
- Nbr. IV-2015, December 2015
- Nbr. III-2015, September 2015
- Nbr. II-2015, July 2015
- Nbr. I-2015, January 2015
- Nbr. IV-2014, December 2014
- Nbr. III-2014, September 2014
- Nbr. II-2014, July 2014
- Nbr. I-2014, January 2014
- Nbr. IV-2013, December 2013
- Nbr. III-2013, September 2013
- Nbr. II-2013, July 2013
- Nbr. I-2013, January 2013
- Nbr. II-2012, July 2012
- Nbr. I-2012, January 2012
- The development of a 'rescue culture'. Insolvency globalization
We are heading towards a phenomenon of internationalization and globalization of the substantiation of law, due to the fact that Romania is, inevitably, part of the process of integration and reflection of its own identity in a European and global context. Ultimately, law derives from observing the society and analysing its needs, passing through the filter of equity the final legal form in order to ensure the completeness of law, and also the structural coherence of society. Although the continental European legal culture is attached to the "general will", globalization managed to erase many of the symbolical boundaries between the legal culture promoted by the Common-law, the one promoted by our system deeply markedby the Romano-Germanic System, and also the legal system outlined by A...
- Practical reflection on the will in termss of eu regulation no. 650/2012
This article analyzes the will, in the light of the validity and form of conditions before the entry into force of the EU Regulation no. 650/2012 and after that date, and points out the problems of notarial practice faced by the Romanian public notary. The study presents the testamentary forms known in some European countries and the registers in which they are enrolled.
- Consideration on the development of judicial expertise prior to 1st of december 1918
We will approach the history of expertise, in the context of the event of 1st December 1918, by setting forth a few considerations, with particular reference to data which appear to have this specific significance.
- Certain considerations on the 'destiny' of the preliminary chamber institution in the current legal framework
The preliminary chamber is a stage preceding the ruling on the merits of the case. By regulating this institution, the purpose of the Romanian legislator was to eliminate the possibility to raise certain causes of unlawfulness of the criminal prosecution acts carried out during the trial phase. The aim of this scientific research is to highlight certain aspects concerning the purpose of the preliminary chamber procedure, while also militating for its maintenance in the Romanian Criminal Procedure Code.
- Short considerations regarding the magistrates'liability in the context of the new legal provisions on the reform in justice
The present study analyzes the magistrates' responsibility, in the light of the old and the new legal regulations, the exercise of the right to recourse action of the state against magistrates in case of judicial errors, and the conditions that must be be met in order to promote this action. The author identifies possible vulnerabilities of the new regulations on the magistrates’ civil liability, vulnerabilities that may affect the magistrates’independence in the exercise of their job duties. The study is focused on the new amendments of the Law no. 303/2004 on the status of magistrates, brought by Law no. 242/2018, as regards the civil liability of magistrates, includes issues related to the guarantees regarding the enforcement of the principles of independence and impartiality of magi...
- The issue of testimony of bad faith in the criminal trial
The quality of the witness takes precedence over the status of expert or lawyer, mediator or representative of one of the parties or of a main procedural subject, regarding the facts and factual circumstances that the person knew before acquiring this quality. Persons who are in a situation that reasonably doubts their ability to witness are only heard when the judiciary finds that the person is capable of consciously telling facts and factual circumstances in line with reality. In order to decide on a person's ability to be a witness, the judicial body shall, upon request or ex officio, have any necessary examination, by the means provided by law. The witness is heard on facts or factual circumstances that are the subject of the probation in the case in which he was quoted. Witness hea...
- Legal perspective of child adoption under the nigerian law
Adoption is the process which creates a parent-child relationship between the adopted child and the adoptive parents with all the rights ,privileges and responsibilities that attach to that relationship. Adoption severs a relationship between the child and the natural parents or guardians.The institution of adoption is important in society because it touches on status and therefore affects the rights and obligations of an adopted person. Adoption is recognized as one of the forms of alternative care for children who have been temporarily or permanently deprived of their family environment and also for children who are unable to remain in their family environment. This paper seeks to examine the adoption of a child under the Nigerian lawie. The statutory law, the customary Law ,procedure...
- Penal mediation from a perspective of social control. French and spanish experiences
This research is focused on the penal mediation that is resorted in social, educational, family, cultural, criminal and other conflicts, in order to obtain recognition not only in terms of otherness, but above all of collective belonging. The article presents cases of mediation in France and in Spain. The main idea is that mediation can be used in all the systems in which the conflictual dynamics are manifested.
- Criminality and psychopathology. The profile of stalkers
The present research is aimed to analyze the evolution of the profile of stalkers in the Italian culture. The stalking is a complex behavioral constellation with different motivations, not always with psychopathological relevance. It is a desperate attempt to seek an interpersonal relationship: to devalue and above all to subject the victim to constant control, allows the stalker to keep alive, albeit in a persecutory key, the desire for an indissoluble bond.
- Practical notions regarding the contractual provision on the waranty against the eviction of selling contracts
The contractual provision on the warranty against eviction is a matter in which the parties involved in the making of a selling contract often have tight negotiations. Many times the seller is looking for the exemption of provision of warranty, but is such a clause legally available? In the following we will present you the procedure in which the parties can limit or extend the provision aginst eviction.
- Appraisal of the philosophical,political and ideological concept of privatization: a reflection on the nigeria experience
The concept of privatization is not a new phenomenon but the practice continues to elicit novel ideas that attract comments from academics and other practitioners around the globe. It is an idea that have transcended over the decades to ensure that public enterprises are better managed by private...
- Boko haram insurgency and its implications on the rights of the female gender in nigeria
The Boko Haram insurgency in Northern Nigeria and counter-insurgency measures adopted by the Nigerian Government has caused humanitarian crises and wanton destruction, thereby having adverse impact on the Nigerian nation and its citizenry especially the female gender. The situation has aggravated...
- State sovereignty and the international law of human rights
Promoting human rights at an international level implies state cooperation for establishing agreements concerning the improvement of measures which are imposed in this field, as well as adopting certain conventions related to the new dimensions of rights or even with the new human rights. Human...
- 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...
- Domestic violence from the perspective of mediation
The procedure of mediation is an efficient method of amiably solving the differences, also used in the litigations regarding family violence, as it offers the party the possibility of solving the conflicts in a confidential framework, appropriate for eliminating the tensions accumulated and...
- Human dignity and socio-economic rights
In current society, where the gap between rich and poor is widening1, human dignity is invoked very frequently in relation to socio-economic rights. We analyze in this study the jurisprudence of the Romanian Constitutional Court and the recent jurisprudence of the European Court of Human Rights....
- The council of europe and its mechanisms for protecting and guaranteeing human rights
The Council of Europe represents the main regional/European international intergovernmental organization in which the most efficient mechanisms for guaranteeing and protecting human rights have been initiated and developed. The mechanisms implemented by this organization, aiming to protect and...
- European union legal provisions on the admission of thirdcountry nationals for the purpose of employmentas seasonal workers
The global approach in matters of migration and mobility", adopted by the Commission in 2011, sets out a general framework for the relations of the European Union with the third countries in matters of migration. This approach is based on four pillars: legal immigration and mobility, illegal...
- Mergers' implications for employees under romanian law
Mergers of enterprises produce profound effects over the rights of associates, creditors, and employees. Although the interests of each of the categories of persons affected are protected by national and European norms, employees enjoy a particular attention. In European law, Directive 2001/23/EC...
- Brief considerations on some aspects of the procedure of disciplinary investigation of the civil servants in Romania
The procedure of administrative investigation prior to the application of a disciplinary sanction for the civil servant has its origin in the prior disciplinary investigation stated by the Labor Code, but has some additional valences, by a detailed regulation, according to the administrative law....