Authors:Ardian Dauti Abstract: The gift contract is a separate positive law contract in Kosovo, which is concluded between two entities, the donor and the recipient. Given the fact that gift contract falls in the group of unilateral binding contracts, it only creates obligations on the part of the donor. The principal duty of the donor is to transfer the subject of the gift into the ownership of the donor. The legal effects of the gift contract are reflected in the rights and obligations of the contracting parties. As the gift contract falls in the group of charitable contracts, there would be no guarantee of physical or legal deficiencies for the donor. In Kosovo positive law, the following types of gift contracts apply; reciprocal gift contract, mixed gift contract, rewarding gift, posthumous gift contract, gift order contract. In this paper we will examine the legal effects, rights and obligations of contracting parties to the gift, the specific types of gift contract applied in practice in Kosovo, the revocation and causes of the gift contract revocation, and ways of annulment of the gift contract, specifically the voluntary and non-voluntary ways of the contracting parties. PubDate: 2020-04-01 Issue No:Vol. 16 (2020)
Authors:Rafal Adamus Abstract: Objectives: This study has been devoted to selected issues of assistance in causing damage and more specifically to the issue of the premises of liability for damages of a helper under Polish civil law. Prior dispute: There is an important dispute in the Polish doctrine of law and in judicial practice as well, whether it is possible to accept liability for damages of the helper in the absence of his intentional fault. Approach: The work was prepared using a formal and dogmatic method. Results: Under Polish tort law responsibility for aiding and abetting a damage requires the helper's intentional fault. Implication: The paper could be useful for academics and researchers dealing with the comparative tort law. Value: The study raises arguments for the thesis that the sine qua non premise of a helper's civil responsibility is intentional fault. The study presents a critical analysis of the views of doctrine and case law. PubDate: 2020-03-31 Issue No:Vol. 16 (2020)
Authors:Crina Alina Desmet Abstract: Objectives We aim to identify the characteristics of “state of emergency” in Romanian legislation, and how it compares in international context. Prior Work There is important work done on the following related topics: the state of emergency in Romania, the state of emergency as an international concept, and comparisons on this matter between different countries. Approach The legal concept of “state of emergency” in Romania is compared to that from other countries, namely France, Germany, Italy, and Hungary, as well as put into a wider international context. In order to make this comparison, we study several laws and the related literature review, and then create country-focused case studies. Results Romania has a balanced, rule-of-law approach concerning the state of emergency. The probability for abuse is lower than in other states. Implications This paper contributes to the understanding of the concept of “state of emergency” in Romanian law, useful for both researchers, and policy makers Value This subject is of the highest relevance in the context of the 2020 state of emergency in Romania, but also because of the lack of a paper on this topic that puts Romania at the centre of the analysis. PubDate: 2020-03-31 Issue No:Vol. 16 (2020)
Authors:Nail Isufi Abstract: Whenever is talked about the immunities and privileges of the consuls, it must bear in mind that this institution is of particular importance in international law, especially in consular law. Otherwise, the immunity as a concept means exemption from an obligation. In the legal point of view, the content of the nature of the immunity itself consists to explain a particular status of a subject at a certain time. This paper aims to explain the meaning and the importance of the consuls immunity based on various literature and in domestic and international legal acts i.e. Havana Convention on Consular Agents (1928), Vienna Convention on Consular Relations (1963), European Convention on Consular Functions (1967), Convention on Special Missions (1969), on which are foreseen all rights and obligations of consuls that they exercise during the performance of the mission in the receiving state. What is characteristic in the performance of the consular activities is the case when the sending state does not have diplomatic representatives in the receiving state. This consists of giving the opportunity for performation of diplomatic affairs by the consuls, which implies the consent of the receiving state, but always preserving consul status. It should be noted that among immunities and privileges that are invoked by consuls and which are universally acknowledged, but there are some cases that remained to be regulated by bilateral agreements between states. PubDate: 2020-03-31 Issue No:Vol. 16 (2020)
Authors:Howard Chitimira, Menelisi Ncube Abstract: The promotion of financial inclusion is vital for the combating of financial exclusion in many countries, including South Africa. Nonetheless, most of the poor and low-income earners are still struggling to have access to basic financial products and financial services in South Africa. This status quo has been, inter alia, caused by several factors such as the lack of a specific statute for financial inclusion, the lack of a specific regulatory body to enforce that statute and the adoption of inadequate measures by the government and other role-players to effectively promote financial inclusion for the poor and low-income earners in South Africa. It is against this background that this article discusses the role of the government, regulatory bodies and other relevant role-players in the promotion of financial inclusion in South Africa. In this regard, the role of the South African Reserve Bank (SARB), the Banking Association South Africa (BASA), the National Consumer Tribunal (NCT), the National Credit Regulator (NCR), the National Treasury and the National Consumer Financial Education Committee (NCFEC), the Financial Sector Conduct Authority (FSCA) and the Prudential Authority (PA) is discussed. This is done to investigate whether these regulatory bodies and role-players have adopted adequate measures to robustly and consistently combat financial exclusion of the poor and low-income earners in South Africa. PubDate: 2020-02-26 Issue No:Vol. 16 (2020)
Authors:Ahmet Maloku, Elda Maloku Abstract: Trafficking with human beings involves not only a crime in itself, but, in most cases, it is a crime with multiple activities and with multilateral organizational structures. Before the war in Kosovo, trafficking with human beings was very little, or not to say the least expressed, meanwhile with the end of the war, Kosovo was not only a transit country, but it is a source and destination country for women and children, sexual victims trafficking and forced labour. This paper represents an attempt to highlight the growing phenomenon of trafficking in human beings both in the region and in Kosovo, based on available literature, reports, contacts and personal research. The paper gives a brief summary of the criminal law aspect, namely the material law aspect. The problem is also associated with increased migration and because of the complexity of the problem trafficking of human beings, especially young women and girls for prostitution purposes is identified. This paper is primarily leaded by these issues and seeks to investigate what happened in Kosovo in that area and what are the steps needed by prosecution authorities and NGOs to prevent human trafficking in the future. Abstract Trafficking with human beings involves not only a crime in itself, but, in most cases, it is a crime with multiple activities and with multilateral organizational structures. Before the war in Kosovo, trafficking with human beings was very little, or not to say the least expressed, meanwhile with the end of the war, Kosovo was not only a transit country, but it is a source and destination country for women and children, sexual victims trafficking and forced labour. This paper represents an attempt to highlight the growing phenomenon of trafficking in human beings both in the region and in Kosovo, based on available literature, reports, contacts and personal research. The paper gives a brief summary of the criminal law aspect, namely the material law aspect. The problem is also associated with increased migration and because of the complexity of the problem trafficking of human beings, especially young women and girls for prostitution purposes is identified. This paper is primarily leaded by these issues and seeks to investigate what happened in Kosovo in that area and what are the steps needed by prosecution authorities and NGOs to prevent human trafficking in the future.
Authors:Albana Aliu Abstract: For the purpose of describing, studying, analyzing the features of the manifestation of crime or phenomenology that is otherwise known as a study of external symptoms affecting internal events related to robbery, we will look through reviewing and analyzing the volume, the dynamics and structure of this type of criminality, the time, the place and the means of committing robbery. Then also the study and analysis of robbery if they are carried out through their cooperation and union, as well as some important features of the perpetrator, social features such as the age of the perpetrator, the sex of the perpetrator, the profession, the level of education, recidivism and so on and in this way it will be easier for us to understand these phenomenological factors. PubDate: 2020-02-26 Issue No:Vol. 16 (2020)
Authors:Alina Zorzoana Abstract: Abstract: In the context of debates that occurred in the public spaces in regard to the decision of the President of Romania to withdraw decorations awarded to public persons, this study intends to perform an analysis in regard to the limits of the discretionary power of the head of state in this case. Without involving the political component of this case, our research shall be limited to the applicable legal framework (insofar there is any), the attributions of the Chancellery of Orders, the conditions of awarding and withdrawing decorations, inclusively the necessity of motivating decrees as an essential condition for the validity of the administrative deed. The study concurrently also refers to a comparative analysis between similar situations of withdrawing decorations. PubDate: 2020-02-20 Issue No:Vol. 16 (2020)
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