The new Civil Code in Romania, valid since 1.10.2011, introduces a set of legal regulations regarding the contracting procedures by the use of electronic means. Teaching aspects related to the Electronic Contract is a real challenge in the field of education, needing collaboration between jurists, economists and computer specialists. The study aims at designing and testing a didactic approach to the Electronic Contract vs Classical or Traditional Contract in order to give a comprehensive understanding for traders and students. The target group consists of Long Life Learning students in economics and law. The main result of the work is the related section in the course book itself, including a theoretical part, examples, explanations and practice aid. A preliminary research, by applying a short questionnaire, reveals that after one year of teaching (2 series), 42% of students used at least one of the forms of the electronic contracting -either as one of the contracting parties or in their practice.
Currently, within the territory of 21-member states of the European Union, live couples in civil partnership, couples which form families outside the judicial institution of marriage. In Romania as well, around 4% of couples live in a type of civil partnership popularly named “concubinage” and, from their perspective, they form a family, they have children who are recognized by both parents and the patrimonial goods earned throughout their cohabitation represent common property, in a condominium. Although the initiative of the “civil partnership” has been repeatedly proposed, the Romanian Parliament rejected the idea of its judicial regulation, and recently, perhaps due to the legislative harmonization of this aspect with EU law, the Romanian Senate will debate a project of normative act in this domain. The legislative initiative would approve the unit of will of two people who willingly decide to cohabitate, regardless of whether the couples are made up of heterosexual couples or couples made up of people of the same sex.
The legislative act is the subjects` will to create, modify or extinguish a juridical relation of Civil Law. Hence the fundamental elements of the existence of civil juridical act, namely:- the subjects` manifestation of will- intention to produce, modify or extinguish civil juridical relations- the juridical effects whose induction is aimed by partiesConsent is an essential prerequisite of validity for any juridical act and it is defined as the parties` decision to complete the juridical act. The consent must meet the following conditions to acquire legal value and to be considered valid:- to be issued by a judicial person- the intension of closing a legislative act should be known by all parties;- the consent should be clear in terms of obligations and rights resulting from such an act;- should not be affected by error vice of consent, mistake, fraud, violence or damage.
Judicial psychology is the science that analyzes and tries to understand the criminal phenomenon in general and its determinant factor in particular, by the complexity of factors that generate it and by the diversity of its forms of manifestation. Although the determining factor of criminal behavior is always subjective being generated by the psychic of the offender, this aspect must be correlated with the context in which it manifests itself: social, economic, cultural context etc. Judicial psychology investigates the behavior of the individual in all its aspects, seeking a scientific explanation of the mechanisms and factors enhancing criminal favors, thus enabling the identification of the preventive measures to be taken to reduce the categories of offenses. It studies the psycho-behavioral profile of the offender, identifying the causes that determined its behavior in order to take preventive measures.The domain of judicial psychology is mainly deviance, conduct that departs from the moral or legal norms that are dominant in a given culture. The object of judicial psychology is the criminal act, correlated with the psychosocial characteristics of the participants in the judicial action (offender, victim, witness, investigator, magistrate, lawyer, civil party, educator, etc.). The science of judicial psychology also analyzes how these characteristics appear and manifest themselves in concrete and special conditions of their interaction in three phases of the criminal act: the pre-criminal phase, the actual criminal phase and the post-criminal phase.
The entire community acted according to these rules because their disobedience had an influence on the survival of the entire community, as they had a powerful mystical and religious character. Sanction measures evolved along with the evolution of communities and they were applied to individuals who disobeyed and broke these rules. Thus, the first forms of human community used the death penalty (blood revenge[1]) as means of punishment for serious violation of the rules of coexistence. Later on, death penalty was replaced by the individual`s expulsion from the community and as communities evolved, material redemption was used instead of expulsion. The first judicial norms (the germs of law) developed among these social cohabitation, organization and behaviour rules. Judicial norms differed from other rules due to their compulsory character and by appeal to the coercive force of the community when they were broken by certain individuals. The change of social, customized norms into judicial norms and the emergence of law as independent entity take place along with the occurrence of state and public power rooted in the Greek – Roman Antiquity. It has been set that law is a social phenomenon incidental to human society; thus, Romans have expressed this statement through the phrase: “ubi societas, ibi jus”, namely law occurs along with the society. Law, like society is not a static, immutable entity issued once and for all; they are under constant development and social-historical evolution. As social phenomenon, social law experiences a constant historical evolution, bearing the mark of historical periods and cultural, spiritual and religious features of nations. [1][1] see I. Craiovan, Teoria generala a dreptului, Ed. Sibila, Craiova, 2009, pp. 11-15.
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