Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_08
A. Wudarski
This article is the first in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. Traditionally, cohabitation has been defined in Poland in opposition to marriage, and means a long-term relationship between a man and a woman who are living together outside a formal marriage. Cohabitation is widespread in Poland and is accepted by the great majority of citizens. At the same time, currently, there are no legislative proposals aimed at regulating in a comprehensive manner cohabitation, and it seems unlikely that this will change in the near future. Attempts to create a legal framework for cohabiting persons have, to a modest extent, and limited to selected aspects of civil law, been undertaken in the past. Looking to the future, then, we can expect to see a continuation of the past pattern of uncoordinated, scattered legislation. The concept of cohabitation will likely be introduced into various legal acts, and thus, indirectly, cohabitations will be partially integrated into the Polish legal system.
{"title":"The concept of de facto relationships in Poland","authors":"A. Wudarski","doi":"10.59295/sum3(163)2023_08","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_08","url":null,"abstract":"This article is the first in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. Traditionally, cohabitation has been defined in Poland in opposition to marriage, and means a long-term relationship between a man and a woman who are living together outside a formal marriage. Cohabitation is widespread in Poland and is accepted by the great majority of citizens. At the same time, currently, there are no legislative proposals aimed at regulating in a comprehensive manner cohabitation, and it seems unlikely that this will change in the near future. Attempts to create a legal framework for cohabiting persons have, to a modest extent, and limited to selected aspects of civil law, been undertaken in the past. Looking to the future, then, we can expect to see a continuation of the past pattern of uncoordinated, scattered legislation. The concept of cohabitation will likely be introduced into various legal acts, and thus, indirectly, cohabitations will be partially integrated into the Polish legal system.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77794614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_17
Victor Moraru, Victoria Samoilenco
Prison staff, in order to ensure a good image of the system in which they work, respect certain rules that are stipulated in laws, orders, regulations and other normative acts. From these normative acts results some internal order of the institution called labor discipline. This represents an extremely important legal institution of labor law. It is even more important for the prison workforce. The reason is simple: prisons are structures designed to protect the law, society and the population, thus, they need transparency and an impeccable reputation. For such institutions, the image and trust of the population matter enormously because they define their effectiveness. For this reason, this article describes the legal aspects related to ensuring work discipline in penitentiary institutions and the factors that cause employees to ignore it.
{"title":"Labor discipline in the national administration of penitentiaries and its subdivisions","authors":"Victor Moraru, Victoria Samoilenco","doi":"10.59295/sum3(163)2023_17","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_17","url":null,"abstract":"Prison staff, in order to ensure a good image of the system in which they work, respect certain rules that are stipulated in laws, orders, regulations and other normative acts. From these normative acts results some internal order of the institution called labor discipline. This represents an extremely important legal institution of labor law. It is even more important for the prison workforce. The reason is simple: prisons are structures designed to protect the law, society and the population, thus, they need transparency and an impeccable reputation. For such institutions, the image and trust of the population matter enormously because they define their effectiveness. For this reason, this article describes the legal aspects related to ensuring work discipline in penitentiary institutions and the factors that cause employees to ignore it.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72823813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_06
Sergiu Baies, Elena Arapu
Any behavior of subjects participating in civil legal relations manifested in tandem with the principle of good faith, leads to ensuring an efficient and fair legal life. On the contrary, their deviation from the standard of conduct established by the legislator by defying the principle of good faith, leads to a minimization of the possibilities for the appropriate exercise of civil rights. That impact being determined by the weight of the principle of good faith in private law. It is natural for each person to look after their own selfish interest first. However, in civil legal relations this selfishness can push the person held to perform an obligation (the debtor) to violate the standard of good faith conduct, out of a desperate fear of failure or out of a desire to avoid patrimonial damage. Obviously, such a scenario presents negative consequences for the person entitled to receive the performance of the obligation (the creditor).
{"title":"The implications of good faith in the action for revocation","authors":"Sergiu Baies, Elena Arapu","doi":"10.59295/sum3(163)2023_06","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_06","url":null,"abstract":"Any behavior of subjects participating in civil legal relations manifested in tandem with the principle of good faith, leads to ensuring an efficient and fair legal life. On the contrary, their deviation from the standard of conduct established by the legislator by defying the principle of good faith, leads to a minimization of the possibilities for the appropriate exercise of civil rights. That impact being determined by the weight of the principle of good faith in private law. It is natural for each person to look after their own selfish interest first. However, in civil legal relations this selfishness can push the person held to perform an obligation (the debtor) to violate the standard of good faith conduct, out of a desperate fear of failure or out of a desire to avoid patrimonial damage. Obviously, such a scenario presents negative consequences for the person entitled to receive the performance of the obligation (the creditor).","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76492955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_24
Anastasia Boldescu
In the present study, we try to find the answer to the following question: does any illegal hunting form the content of the prejudicial action provided in art. 233 of the Criminal Code of the Republic of Moldova? In addition, the analysis of the conditions, in the presence of which the action of hunting becomes illegal, is initiated. The role of the reference provision is identified in the process of interpreting art. 233 of the Criminal Code of the Republic of Moldova. It is demonstrated that the illegality of hunting in the meaning of art. 233 of the Criminal Code of the Republic of Moldova is not limited to the violation of the provisions of a law regulating hunting. It is also revealed that the illegality of hunting does not always imply the illegality of this act in the sense of art. 233 of the Criminal Code of the Republic of Moldova. Finally, all types of proper authorization in the meaning of art. 233 of the Criminal Code of the Republic of Moldova are analyzed. The acts, that do not fall under the notion ,,appropriate authorization” in art. 233 of the Criminal Code of the Republic of Moldova, are identified.
{"title":"The content of the illegality of the act that is criminated in art.233 of the Criminal Code of the Republic of Moldova. Hunting without proper authorization","authors":"Anastasia Boldescu","doi":"10.59295/sum3(163)2023_24","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_24","url":null,"abstract":"In the present study, we try to find the answer to the following question: does any illegal hunting form the content of the prejudicial action provided in art. 233 of the Criminal Code of the Republic of Moldova? In addition, the analysis of the conditions, in the presence of which the action of hunting becomes illegal, is initiated. The role of the reference provision is identified in the process of interpreting art. 233 of the Criminal Code of the Republic of Moldova. It is demonstrated that the illegality of hunting in the meaning of art. 233 of the Criminal Code of the Republic of Moldova is not limited to the violation of the provisions of a law regulating hunting. It is also revealed that the illegality of hunting does not always imply the illegality of this act in the sense of art. 233 of the Criminal Code of the Republic of Moldova. Finally, all types of proper authorization in the meaning of art. 233 of the Criminal Code of the Republic of Moldova are analyzed. The acts, that do not fall under the notion ,,appropriate authorization” in art. 233 of the Criminal Code of the Republic of Moldova, are identified.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79131796","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_04
Aurel Baiesu
This article is devoted to the issue of arbitration clauses, called in doctrine and jurisprudence “pathological” clauses, which are drafted poorly, being likely to prevent the proper conduct of arbitration due to incomplete, imprecise, unclear or contradictory stipulations. The remedies for the affected clauses depend on the category and severity of the pathology affecting each clause, and, often, the deficiencies of these clauses are removed, as far as possible, by applying the various methods of interpretation of the contractual clauses, which have crystallized in national legislations, uniform law instruments and comparative jurisprudence. In remedying the pathological causes, the courts must seek a balance between the favoring of arbitration as an alternative method of dispute resolution and the control of state jurisdictions over the validity and effectiveness of some defective clauses, by way of clarifying and respecting the real will of the parties expressed in their agreement on how to regulate the disputes that arise between them.
{"title":"Pathological arbitration clauses: problems and solutions","authors":"Aurel Baiesu","doi":"10.59295/sum3(163)2023_04","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_04","url":null,"abstract":"This article is devoted to the issue of arbitration clauses, called in doctrine and jurisprudence “pathological” clauses, which are drafted poorly, being likely to prevent the proper conduct of arbitration due to incomplete, imprecise, unclear or contradictory stipulations. The remedies for the affected clauses depend on the category and severity of the pathology affecting each clause, and, often, the deficiencies of these clauses are removed, as far as possible, by applying the various methods of interpretation of the contractual clauses, which have crystallized in national legislations, uniform law instruments and comparative jurisprudence. In remedying the pathological causes, the courts must seek a balance between the favoring of arbitration as an alternative method of dispute resolution and the control of state jurisdictions over the validity and effectiveness of some defective clauses, by way of clarifying and respecting the real will of the parties expressed in their agreement on how to regulate the disputes that arise between them.","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80709138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-01DOI: 10.59295/sum3(163)2023_16
Oleg Pantea, Olesea Panchiv
This paper presents the proposal to amend the Executive Code, aiming to introduce a system of progressive detention regimes, analyzing the impact of the progressive system on the resocialization of detainees, and also being proposed a new classifier of penitentiaries by types and regimes. Thus, the basic principle of the execution of the sentence – individualization – will be implemented through separating the detainees according to legal criteria. At the same time, this study highlights the problem that arise in connection with the norm that provides for the appropriate establishing of the type of penitentiary by the court. Subsequently, the current regulations regarding the conditions for the execution of the contraventional arrest were subjected to a critical analysis, highlight
{"title":"The new concept of the penitentiary classifier based on progressive regimes","authors":"Oleg Pantea, Olesea Panchiv","doi":"10.59295/sum3(163)2023_16","DOIUrl":"https://doi.org/10.59295/sum3(163)2023_16","url":null,"abstract":"This paper presents the proposal to amend the Executive Code, aiming to introduce a system of progressive detention regimes, analyzing the impact of the progressive system on the resocialization of detainees, and also being proposed a new classifier of penitentiaries by types and regimes. Thus, the basic principle of the execution of the sentence – individualization – will be implemented through separating the detainees according to legal criteria. At the same time, this study highlights the problem that arise in connection with the norm that provides for the appropriate establishing of the type of penitentiary by the court. Subsequently, the current regulations regarding the conditions for the execution of the contraventional arrest were subjected to a critical analysis, highlight","PeriodicalId":30700,"journal":{"name":"Studia Universitatis Moldaviae Stiinte Sociale","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88138759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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