Fiat Iustitia

1-10

Authors: Mărioara Petcu

Considering the psychological crime as an individual personality commitment involved in criminal acts emphasis is on the concept of social immaturity, as the specificity of delinquency. The concept of social maturation insufficient highlight problems of social integration, conflict with the requirements of a particular normative value system, emphasizing disorders of structuring social relations. From these positions are highlighted dealing with juvenile insufficient assimilation requirements and socio-cultural norms (social deficit) and lack of adjustment to the social processes through acts of deviant behavior. Thus, the fundamental characteristic of these subjects is dissonant nature of social maturity and therefore personality development.

22-29

Authors: Sidonia Culda

Mediation is a method to solve conflicts amicably with help of a specialized person (the mediator), in terms of neutrality, impartiality and confidentiality, having the free will of the parties. Thus this method of resolving conflicts was defined by Law no. 192 from 16th of May 2006. Mediation is a public interest activity which presents multiple advantages over court conflict resolution. There are several ways to mediate: Facilitative Mediation – is the procedure in which the mediator leads, assists and helps the parties to reach a mutually accepted agreement; Evaluative Mediation – in addition to the control of the procedure, the mediator is more involved and may even suggest solutions to the dispute; Transformative Mediation – the basic principle of this method is that it encourages each party to understand the needs, interests and points of view of the opposite party and Narrative Mediation – is the one in which the mediator, together with the help of the parties, creates an “alternative story” which is a combination of versions of each party and will provide the premises to solve the dispute. However we classify it, mediation is part of ADR (Appropriate Dispute Resolution) together with negotiation, conciliation and arbitration and I would recommend it to anyone who is about to arrive or are already in a state of conflict.Arbitration is an alternative jurisdiction of a private character. Arbitration agreements are concluded in writing and they may take the form of an arbitration clause or of a compromise.

49-60

Authors: Mihnea-Dan Radu

In this paper, the author shows that the Roman law bears the romanian civil law, especially in the field of the law of obligations. This influence was exercised thro various wazs such as: the unwritten law (ius valachicum), the written medieval law (of Byzantine inspiration) and the modern Civil code (of French inspiration). Knowing that the Roman law stays as a foundation for the modern legislations is very helpful for better understanding some provisions of the law.

69-75

Authors: Horea Crișan

In the modern world, every country having a developed legal system has its own set of conflict rules, which form a part of its private law. Such rules differ from one country to another, and these differences tend to undermine the purposes of the rules. For such purposes include the achievement of legal security ( by way of certainty, predictability and uniformity of results , regardless of which country’s courts are involved) for the persons involved. Like any other rules of country’s private law, its conflict rules may be harmonized with those of other countries by means of international treaties, and in this respect much has been achieved by the conventions negotiated at the Hague Conference on Private International Law. Especially in recent years, further harmonization has been achieved at European level by measures adopted within the framework of the European Union, and it is on such harmonization that the present work is focussed. Private international law rules do not merely address the problem of reducing the potential for inconsistent legal treatment of disputes. They are not just concerned with achieving a rational or orderly division of regulatory authority. They also involve the normative question of how that ordering of regulatory authority should be achieved. The selection of a particular rule of jurisdiction or choice of law rule is not just a recognition that ( following from justice pluralism ) other legal order should govern; it implies that the connecting factor adopted in that choice of law rule should be the foundation of the division of the regulatory authority of states.

100-110

Authors: Codruta-Ștefania Jucan

The present paper is dedicated to the analysis of Justice and Equity and the impact of these two concepts in shaping the Romanian Justice System. Stemming from the great philosophers of Antiquity, these concepts have known different variations across History, sometimes growing closer in their definitions and at other more recent times being each addressed as an individual concept. These concepts also reside in a special position within the Romanian legal system, influencing legal institutions and mainstream juridical doctrines, as we will present to you in the paragraphs of this paper.