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.

1-8

Authors: Aurel Negucioiu

Perhaps the greatest gift that providence granted to human kindis the gift of knowledge. Thusly, laying down the foundations of thought and planting the seed of knowledge within the young minds is crucial to society’s development. The Academia takes up this challenge, spearheaded by the professors who dedicate their entire lives to this great purpose. In the paragraphs below, we evoke the example of Professor Univ.PhD. Gheorghe Boboş, who mentored countless Romanian legal specialists, contributing at the same time to the betterment of the Romanian society as a whole.

20-36

Authors: Elena-Mihaela Fodor

The paper is considering the role of the General Theory of law upon the coherence of a national law system. Notions of “given” and “built” elements of law are considered. The “given” elements are essentialised in concepts, and concepts lead to the principles of law. An analysis of the relationship between the principles of law and legal norms is made at a theoretical level. From this perspective, the author is looking at the evolution of national regulation in the field of the contracts regarding public procurement and public-private partnership. Through different legal acts issued since 2006, with the purpose of aligning the national norms to the UE ones in the researched field, the character of administrative contract was denied to the public procurement and public-private partnership contracts. Odd enough, a mixed character resulted: an administrative contract during the tender stage and a private contract during the implementation and termination stages. A comparison with the evolution of French legislation in the same field proves that an alignment to UE norms may be achieved together with the preservation of the specifics of the national law system. The article is a plea for a permanent consideration of the elements of the general Theory of Law in order to ensure coherence both with the national legal system and the UE regulations. This is not a theoretical requirement, but a practical one, enabling the predictability of law and stability of juridical relations.

43-50

Authors: Corina Buzdugan

The social life has a powerful organizational structure that guides the human interaction. The legal standard is part of the social laws, and alongside other categories of rules, blends their regulatory action with other rules. From this perspective, the legal constraint is the result of the mandatory character of the legal standard that restricts the free will of a subject and dictates other various stipulations.

62-70

Authors: Camelia Reghini

The world we live in is a very complex environment, which can spawn a great range of complex situations, not always triggered by one’s express purpose. Such is the nature of the institution or Praeter Intentionem and its conceptualization in Romanian Criminal Law. Our paper is dedicated to analyzing this institution, relating to its legal provisioning, the judicial practices and the doctrine that studies it. Relying on these sources of information, we have put forward the main characteristics, problems and subtleties of the Romanian concept of Praeter Intentionem in Criminal Law.

80-87

Authors: Anca Georoceanu

La mauvaise utilisation de tout règlement dans sa spécialité est toujours négatif, parfois très graves - entraînant l'incompréhension de la signification ou le sens du texte juridique, d'autres fois seulement sérieux, conduisant à une certaine confusion. Pour éviter l'adoption ou la conservation de règles juridiques "imparfait", par la Loi nr.24/2000 concernant les règles techniques pour la rédaction des lois on a établi une série de règles générales qui doivent être pris en compte lors de la rédaction juridique. Dans les dernières années (après l'entrée en vigueur de la loi nr. 24/2000) on a travaillé beaucoup et laborieux à une redéfinition de notre droit, ce qui est - sans doute - un esprit positif, alors que la loi générale doit être „en phase avec les temps”, avec les nouvelles relations sociales, économiques et politiques. Mais, dans les nouveaux codes récemment adoptés, sans exception, ont été souvent utilisé des phrases et des mots erronés, inappropriées qui impriment aux textes juridiques des effets d'impression que nous avons déjà mentionné. Nous nous limiterons à quelques exemples, en prenant un regard critique sur certaines dispositions légales contenues dans le Code général des impôts et du Code de procédure fiscale.

95-109

Authors: Vladimir Mătușan

In the present paper we analyze the significance of the disolution of the marriage, the reason for divorce, the most important reason for divorce in Țara Românească, the proceeding of divorce, the institution of the divorce, which was the reaction of the society at the end of XIII-century and the beginning of the XIX century regarding the divorce, the legislation from the XIX-century regarding the divorce, aspects related to the reason why people married split-up, the role of the parents in the live of the young married people. We also intend to clarify the most important reasons for divorce in Țara Românească according to the legislation from that period and to examine different case of divorce.