Agora International Journal of Juridical Sciences

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• 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 magistrates, guarantees aimed at maintaining a balance between the magistrates' responsibility and their independence.

• 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 hearing can be extended to all circumstances necessary to verify its credibility.

• 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 for adoption under Nigerian Lawand the legal effect of adoption of a child under the Nigerian Law.

• 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.

• The science of judicial psychology

  Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures. The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.

• The importance of analyzing the structure of the legal norm in order to interpret and to apply correctly the law

  In everyday life, people enter a multitude of social relationships with their peers. A social relationship turns into a legal relationship only if there is a legal norm that governs it. The law can not be conceived in the absence of the legal norm, so we can say that the legal norm is an essential element of the law.

Featured documents

• 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...

• 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 ...

• 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...

• Plea bargaining- a new criminal procedure institution

  This work deals with the plea bargaining (plea agreement) as an institution which is intended to be entered by means of the new Romanian Code of Criminal Procedure, adopted by Law no. 135/2010, in the light of the conditions, of the conclusion procedure, of its contents and consequences. Similar...

• Observations on public institutions and authorities with the purpose of protecting individuals

  The present work brings to the reader's attention the evolution concerning the regulation of institutions and public authorities with powers in the field of protection of the individual in Romania and, in particular, in the field of child care. Taken from the Family Code, the current tradition of...

• Cybercriminology transition from traditional criminal techniques to cybercrime

  In the last decade innumerable profound analyses of the cybercrime phenomenon were carried out that have led to predicting a future cyber-attack called the cyber war. Until now there hasn't been a real threat of this kind. From a criminology point of view, these two worlds, the real one and the...

• 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 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...

• Good faith in domestic sales law

  Good faith is a true principle widely established by the positive law. But how does this principle operate? How is the connection made between an undetermined legal standard, such as good faith, and the practical operations by which contractual obligations are fulfilled? The essay will answer to...

• Service work as anantidote to prison problems in nigeria

  The prison system and welfare of inmatesin Nigeria has been of great concern because Nigerian prisons are overcrowded due to the rampant use of imprisonment as a form of punishment. The inherent rights and dignity of prisoners are on a daily basis violatedas a result of overcrowding, insanitary and ...