scholarly journals A haszonkölcsön-szerződés és ennek felbontási lehetőségei az új román Polgári törvénykönyv és az új Polgári eljárási törvénykönyv alapján, abban az esetben, ha a kölcsönadónak sürgős és előre nem látott módon lakhatási igénye lett az ingatlant tekintve

2021 ◽  
Vol 4 (2) ◽  
pp. 131-141
Author(s):  
István Valdman
Keyword(s):  
Social Life ◽  
Civil Procedure ◽  
Civil Code ◽  
Early Termination ◽  
Legal Institution ◽  
Legal Case ◽  
Relevant Regulation

The legal institution of loan agreement is undoubtedly an important part of commercial and social life. Extensive use of the legal institution generates facts whose regulation is not always satisfactory. This is also the case with regard to the possibility of early termination of the loan agreement. Although the Civil Code and the Code of Civil Procedure contain provisions for this possibility, they are not enforceable in all cases. The analysis of the relevant regulation and its substantiation with a legal case can be read below.

Text trajectories, legal discourse and gendered inequalities

2012 ◽  
Vol 3 (1) ◽  
pp. 47-73 ◽  
Author(s):  
Susan Ehrlich,
Keyword(s):  
Social Media ◽  
Critical Discourse Analysis ◽  
Conversation Analysis ◽  
Legal System ◽  
Salient Feature ◽  
Critical Discourse ◽  
Legal Institution ◽  
Legal Case ◽  
Fertile Ground ◽  
Rape Trial

AbstractFollowing Blommaert (2005), this paper examines what he calls a ‘forgotten’ context within Critical Discourse Analysis (CDA) and Conversation Analysis (CA) – that of text trajectories. For Blommaert, a limitation of both CDA and CA is their focus on “the unique, one-time” instance of a given text and, by extension, the (limited) context associated with such an instance of text. Such a focus, according to Blommaert, ignores a salient feature of communication in contemporary societies – the fact that texts and discourses move around, are repeatedly recontextualized in new interpretive spaces, and in the process undergo significant transformations in meaning. The text trajectory investigated in this paper begins in a legal institution, more specifically, with a 2004 American rape trial, Maouloud Baby v. the State of Maryland. This legal case garnered much media attention and, as a result of such exposure, references to the case have appeared in both mainstream and social media outlets. Hence, as a ‘text’ that has displayed considerable movement across different contexts within the legal system and, subsequently, beyond the legal system to mainstream and popular forms of media, the Maouloud Baby trial constitutes fertile ground for the exploration of a text's trajectory. Indeed, in keeping with Blommaert's claims, I show how this trial's ‘text’ undergoes significant transformations in meaning as it is recontextualized in different kinds of interpretive spaces (both within the legal system and outside of it) and how these transformations in meaning reproduce larger patterns of gendered inequalities.

Psychosoziale Prozessbegleitung im Strafverfahren

2021 ◽  
Author(s):  
Alexander Ilsner
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Civil Procedure ◽  
Legal Institution ◽  
Criminal Proceedings ◽  
Legal Innovation ◽  
The Law

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.

Contestația privind tergiversarea procesului. Aspecte teoretice şi practice

2021 ◽  
Vol 2021 (2021) ◽  
pp. 259-287
Author(s):  
Tudor BURLACU ◽  
Keyword(s):  
Civil Procedure ◽  
The State ◽  
Legal Institution ◽  
Civil Trials ◽  
Effective Remedy

"This article examines the legal institution of the challenge against the delaying of proceedings, having as premise the raison d’être of this institution. The Romanian legislator took a first step towards conducting proceedings if not within an optimal and foreseeable period, at least within a reasonable one, by amending the Code of Civil Procedure to introduce the institution of the challenge meant to expedite the conducting of civil trials. Throughout this article we will look at how the challenge against the delaying of proceedings has been regulated, but in particular at the problems that have arisen in practice. Finally, several proposals de lege ferenda are put forward, which should be implemented by the legislator in order for this legal institution to achieve the purpose for which it has been adopted, followed by a few conclusions reflecting the state of play of this institution, but especially answering the question of whether the challenge against the delaying of proceedings is an effective remedy, within the meaning of art. 13 of the Convention, against the excessive duration of proceedings."

Scurte considerații asupra condițiilor speciale de valabilitate și asupra efectelor testamentelor privilegiate

2020 ◽  
Vol 2020 (2020) ◽  
pp. 266-291
Author(s):  
George-Alexandru STAN ◽  
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Legal Regime ◽  
The Public ◽  
Probative Value ◽  
The One

"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."

scholarly journals Evidence and Attestation Conflicts with Other Cases to Prove Litigation in Iran

2016 ◽  
Vol 9 (2) ◽  
pp. 187
Author(s):  
Nazar Ali Payrvandi ◽  
AzizAllah Fahimi
Keyword(s):  
Civil Procedure ◽  
Civil Code

Conflicts of cases to prove litigation is that between the two reasons that is presented to magistrate in legal disputes have had conflicts and these two reasons are not also retractable. Cases to prove litigation in civic law and Code of Civil Procedure has been described in detail in accordance with Article of 1258 of the Civil Code of cases to prove litigation include: Confession, written documents, attestation, dominion and oath. Evidence and attestation has been emerged as the most important cases to prove litigation and other cases to prove litigation conflicts between those two together and other cases to prove litigation will be responsible for important effects and results to votes and court verdicts. In this paper we investigate the Conflict of Evidence and attestation together and other cases of proving.

scholarly journals Diálogo das fontes e soluções de antinomias na efetivação da partilha de quotas por ex-cônjuge ou ex-companheiro de sócio

2020 ◽  
pp. 96-123
Author(s):  
Lucas Salles Moreira Rocha ◽  
Tereza Cristina Monteiro Mafra
Keyword(s):  
Property Rights ◽  
Family Relationship ◽  
Limited Liability ◽  
Civil Procedure ◽  
Civil Code ◽  
Limited Liability Company ◽  
The Family ◽  
Teleological Interpretation

RESUMOO presente artigo objetiva examinar o direito patrimonial do ex-cônjuge ou ex-companheiro de sócio sobre quotas de sociedade limitada, nos casos de rompimento da relação familiar em que haja litígio quanto à divisão dos bens. A matéria atualmente gera controvérsias, pois o art. 600, parágrafo único, do Código de Processo Civil, e o art. 1.027 do Código Civil, que regulam os direitos do ex-cônjuge ou ex-companheiro de sócio nos casos de término da relação conjugal, aparentam conflitar entre si. Diante das controvérsias que permeiam o tema, buscar-se-á, pelo método exploratório, realizar interpretação sistemática e teleológica, para sugerir a aplicação da teoria do diálogo das fontes na compatibilização das normas aparentemente conflitantes.PALAVRAS-CHAVEDivórcio. Partilha de quotas. Diálogo das fontes. ABSTRACTThe purpose of this article is to examine the property rights of a member’s former spouse or partner towards the ownership interests of a limited liability company, in the event of a break in the family relationship, in which there is a dispute over de division of goods owned by the couple. The matter is currently controversial, since Articles 600, sole paragraph, of the Code of Civil Procedure, and Article 1,027 of the Civil Code, which regulate the rights of the former spouse or partner of partners in cases of termination of the conjugal relationship, appear to conflict with each other. Given the controversies that permeate this field, this paper will seek to perform systematic and teleological interpretation, though the exploratory method, in order to suggest the application of the theory of the dialogue of the sources in the compatibilization of the apparently conflicting rules.KEYWORDSDivorce. Division of ownership Interests. Dialogue of the sources.

Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

2019 ◽  
Vol 10 (3) ◽  
pp. 948
Author(s):  
Vadym TSIURA ◽  
Susanna SULEIMANOVA ◽  
Oleksandr SOTULA ◽  
Vita PANASIUK ◽  
Volodymyra DOBROVOLSKA
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Legal Method ◽  
Current State ◽  
Legal Relationship ◽  
Procedure Code ◽  
The Will ◽  
Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.  

scholarly journals Extinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it

2021 ◽  
Vol 9 (1) ◽  
pp. 01-12
Author(s):  
Cristian Macsim
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Legal Rule ◽  
Civil Action ◽  
Legal Representation ◽  
Right Of Action ◽  
The Right

This article falls both within the provisions of the Civil Code relating to extinctive prescription, its notion and object, the effects of prescription, and, inseparably, within the provisions of the Code of Civil Procedure because this institution entails the forfeiture of the right to bring a civil action, which produces serious legal effects for the holder of the right of action because, once invoked and applied, it leads to the loss of the civil subjective right itself. The purpose of the article is to present the general legal rule governing this institution and to highlight the procedural aspects that practitioners must take into account in the activity of legal representation.

scholarly journals Unificarea legislativă a Principatelor Române și consolidarea dreptului în primele decenii ale Regatului României

2021 ◽  
Vol 65 (4) ◽  
pp. 138-185
Author(s):  
Sevastian Cercel ◽  
Keyword(s):  
20Th Century ◽  
Legal System ◽  
Legal Culture ◽  
Criminal Code ◽  
Civil Procedure ◽  
Civil Code ◽  
Old Kingdom ◽  
Law System ◽  
National Legal System ◽  
Functional Mechanisms

In the period 1859-1918, Romania built and consolidated a modern law system subject to fundamental principles that were found throughout Europe, with functional mechanisms and institutions. The adoption of the major codes - the Civil Code, the Code of Civil Procedure, the Criminal Code and the Code of Criminal Procedure - during the reign of Alexandru Ioan Cuza had a cardinal importance for the national legal system. The exercise of modern legislation initiated at that time, in a rhythm which was sometimes criticized, continued through the adoption of the 1866 Constitution or through the measures of the integration of Dobrogea in the Romanian law system. On the path opened by the generation of the Union of the Principalities, Carol I strengthened the beneficial force of law, building a state in which “only the law debated and approved by the nation, decides and governs”. The science of law and legal culture had in Romania, almost six decades after the Union of the Principalities, gathered through tradition and reform, an important dowry, a true “fulfilled state of law”. In the Old Kingdom there was, at the beginning of the 20th century, a fully achieved legal system that rightly expected to be the foundation of the legal system of Greater Romania.

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