Open Access journal ISSN (Print) 1843-570X - ISSN (Online) 2067-7677 This journal is no longer being updated because: the publisher no longer provides RSS feeds
Authors:Codrin Codrea Pages: 1 - 4 Abstract: Reduced to its basic functioning, the legal operation of assignment of contract implies a global transfer of the contractual position of one party, assignor, from a contract concluded with the ceded contractor, to a third party, assignee. If the legal operation as such does not seem to raise complications, it was an object of dispute in Romanian civil law even before the New Romanian Civil Code in force since 2011, considering the personal nature of the obligation relationship, especially with regard to the passive element of the obligation. Considering the debates around this topic in the legal doctrine of the Romanian Civil Code of 1864 and following certain arguments advanced in French civil law, the New Romanian Civil Code explicitly recognizes the assignment of contract as a distinct legal figure with specific effects in Articles 1315-1320. This article intends to analyse the legal regime of the assignment of contract, from the debates in the legal doctrine around this topic in both Romanian and other legal systems to the specific legal provisions which address the assignment of contract, starting with the notion of assignment of contract, the form of the assignment, the moment in which the assignment occurs, the effects the transfer has on the assignor, the legal exceptions which can be formulated by the ceded contractor and the warranty obligations of the assignor. PubDate: 2022-01-20 DOI: 10.15837/aijjs.v16i1.4685 Issue No:Vol. 16, No. 1 (2022)
Authors:Jingbei Li Pages: 5 - 16 Abstract: Using the method of empirical research, this paper selects 194 valid judgments of embezzlement cases published by Chinese officials in 2019 as samples to explore the current situation of the subject, object and sentencing results of embezzlement cases. The analysis discloses some characteristics such as high educational level of criminals and high proportion of state organ staffs and grass-roots public servants. At the same time, many problems are revealed, such as the division of powers and responsibilities within the enterprises is not clear, as well as the external supervision in key fields is not enough, which all provide conditions for embezzlement crime. In addition, the phenomenon of unfair sentencing is obvious, and the sentencing mode is not accurately applied in judicial practice at this stage. Therefore, a more reasonable, accurate and effective embezzlement crime prevention system needs to be established in the future. PubDate: 2022-01-20 DOI: 10.15837/aijjs.v16i1.4686 Issue No:Vol. 16, No. 1 (2022)
Authors:Elise Nicoleta VÂLCU Pages: 17 - 24 Abstract: On February 1, 2020 The Withdrawal Agreement1 between the United Kingdom of Great Britain and Northern Ireland (generic-United Kingdom) and the European Union (EU) and the European Atomic Energy Community (Euratom), hereinafter referred to as the Union, has entered into force). This official document guarantees the two parties a withdrawal in conditions of legal certainty concerning areas such as the rights of British citizens and union nationals, the customs regime, trade and services, the rights of companies, etc. In a first analysis of the effects of Brexit, we mention the acquisition by the United Kingdom of the status of a third party with all the consequences that arise, such as withdrawal from the decision-making process, withdrawal of representatives from the Union institutional level. In order to support British citizens who continue to reside in the territory of the European Union but also to support Union nationals resident in the United Kingdom, in accordance with the Withdrawal Agreement, on the one hand, one continued to apply the European Union law to the United Kingdom on the entire transition period which lasted until 31 December 2020, while EU Member States were required to adopt national legal instruments governing both the transition period and beyond, the status of British citizens called "beneficiaries of Art. 50 TEUs who continued to live and work in the Union territory. Romania has fulfilled this obligation deriving from its status as a member state in the sense that on November 23, 2020, the Romanian executive adopted the Government Emergency Ordinance no. 204 of 23 November 2020 on the establishment of measures for the implementation of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, regarding the regulation of the right of entry and residence in Romania. PubDate: 2022-06-30 DOI: 10.15837/aijjs.v16i1.4935 Issue No:Vol. 16, No. 1 (2022)
Authors:Petru Tărchilă Pages: 25 - 33 Abstract: The ensemble of legal means used for human protection forms the system of means of protecting the natural person. This system has been characterized in the legal literature as a "unity in diversity". - unity, because its purpose is the protection of man; - diversity, because it is made up of legal means of branch protection”, that is to say civil law, commercial law, family law, labor law, constitutional law, financial law, criminal law etc. In the last period the scope of human legal protection was completed by the adoption of normative acts aimed at protecting the natural person. Civil law, like other branches of law, includes numerous institutions and norms that ensure the defense and protection of the subjective rights of natural persons. The norms of the civil law ensure protection by special means to the following categories of persons: - to minors, through parental protection, guardianship and trusteeship; - to the alienated and the mentally instable, by putting under interdiction and establishing the guardianship and the trusteeship; - persons in special situations (old age, illness, physical disability), by establishing the trusteeship. PubDate: 2022-01-20 DOI: 10.15837/aijjs.v16i1.4688 Issue No:Vol. 16, No. 1 (2022)
Authors:Iulia Boghirnea Pages: 34 - 37 Abstract: In this article I continue to research the decisions of the supreme courts, which have the constitutional role of unifying the interpretation of the law at the national level, and implicitly of the judicial practice, by studying the French legal doctrine regarding the legal nature of the notices for appeals of the Court of Cassation. PubDate: 2022-06-30 Issue No:Vol. 16, No. 1 (2022)
Authors:Oluwatosin OGWEZZY Pages: 38 - 45 Abstract: Voodoo is the major factor that makes human trafficking to thrive in Nigeria. Voodoo is regularly used by traffickers in human trafficking to exert pressure over the victims. The use of voodoo is a form of mental coercion aim at reducing the need to use physical violence. The adverse power exerted over the trafficked victims is so enormous that they dare not disobey the trafficker. In this manner, the Nigerian networks can control their victim from a distance and no additional person is required to supervise them. This paper concludes that the use of voodoo by traffickers impedes effective administration of justice. Voodoo does not allow victims of human trafficking to reveal the identities of the trafficker so that the law enforcement agencies would not arrest and prosecute them. PubDate: 2022-06-30 Issue No:Vol. 16, No. 1 (2022)
Authors:Uchechukwu UGURU, Moses UMOBONG Pages: 46 - 56 Abstract: The police have the duty of prevention, investigation and prosecution of crime in the society. In the course of their duties, conflicts arise between the law officers and the civilians. In Nigeria, the police are known for the abuse of legal processes and the right of the citizens often culminating at excessive use of force, unlawful detention and in extreme cases which is rampant extra-judicial killing. This paper gave an exposition of some international legal instruments and standards applicable to law enforcement and how they help curtail abuse of the citizens’ right. The paper found that there is gross abuse of human rights in the course of the duty of the police in Nigeria. It was noted that the police have an obligation to observe, ensure compliance and implementation of these international human rights norms. It was recommended that there should be training and retraining of the police in Nigeria especially in forensic and technologically driven investigation and prevention of crime. Furthermore, corruption in the Nigerian police should be curbed by giving more incentives like salary increase to the police. The paper concluded that implementation of these recommendations will improve police human right observance in Nigeria. PubDate: 2022-06-30 DOI: 10.15837/aijjs.v16i1.4934 Issue No:Vol. 16, No. 1 (2022)
Authors:Luca Refrigeri, Alina Angela Manolescu Pages: 57 - 64 Abstract: Among the many areas of dialogue between economics and educational sciences, one common object of study has now clearly emerged: economic and financial education, which was created to raise the literacy levels of the adult population and young people. Indeed, more and more decisions in everyday life are linked to economic and financial aspects. The current economic and financial knowledge of the population is not adequate to the needs as it comes mainly from financial socialisation processes; it is instead necessary for schools and not only the banking and insurance world to deal with these new educational processes. However, in order to introduce these topics, schools must train teachers who do not have adequate knowledge. In Romania, this is a recent issue, which is why it was decided to launch a new research project. PubDate: 2022-09-12 DOI: 10.15837/aijjs.v16i1.4949 Issue No:Vol. 16, No. 1 (2022)
Authors:Roxana Denisa Vidican Pages: 65 - 71 Abstract: Protecting fair competition by suppressing anti-competitive practices is a topical issue and a priority in the context of a functional market economy, the final stated goal in competition matters being to protect the interests of consumers by creating and developing a normal competitive environment. PubDate: 2022-06-30 DOI: 10.15837/aijjs.v16i1.4936 Issue No:Vol. 16, No. 1 (2022)
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