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Scriem așa cum citim
Numărul 3 Anul 2020
Numărul 3 Anul 2020
When you manage to get closer different fields, the outcome is exponentially more valuable that bigot loyalty to a single style.
Keywords:
judge, judicial decision, case-law, review.
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Cum scriu un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
Numărul 3 Anul 2020
Numărul 3 Anul 2020
A study of private law should be written with the conviction, even with the wrong conviction, that it can change the way the legal literature and the case-law see that topic. What I want to underline is that the psycological state of the one who tries to demonstrate an idea counts as much as his or her intellectual capacity or the bibliography that he or she consulted. This state, which I would dare to call „of grace”, could be decisive for or...
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Să scrii se învaţă scriind!
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Every idea, every article is an experience, an exploration; you start without confidence or perhaps not much interest, as in every beginning, and once you realise that you are able to say something relevant, your written product takes shape; there are those moments, maybe minutes, which seem like small cracks or nuances in relation to which you might have a small contribution.
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Cum scriu?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Ideally, I think, for every judge is that the problem of the dispute be a complicated one and with a relevant stake, so that you can hope that the parties will be represented by well-prepared and good-faith legal professionals. Why? Because, in such a case, on one hand, your research work is made easier, and on the other hand, at the end of the dispute, you have that feeling of accomplished duty, of finding the truth (not only the judicial tr...
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Despre scris
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Maybe it’s because of this that I write: to understand what I read. I noticed that you realise whether you understood something only after trying to explain it to someone else.
Keywords:
legal literature, legal practice, pl...
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
The contract becomes a group work, reflecting the agreement reached by theparties. Sometimes this compromise, as well as the hurry in the negotiation of some provision before signing, result in imperfect formulations, whose future interpretation might trigger potential disputes. But these situations are specific to the dynamics of the transactions, in which, many times, the pressure to reach an agreement, after many tens of hours of neg...
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Despre drept și scrierea lui
Numărul 3 Anul 2020
Numărul 3 Anul 2020
By its very function and training, the notary is a man of legal „express”, of explicit formulations. (…) A seeker of the causal relation, who will never be able to detach from it. Although abstraction could help him, he ignores it, and prefers to look, confused, for the validity of the causal relation underlying the document he is drafting. He is easily afraid and take exaggerate precautions. His anatomy impedes creativity, so he prefers well...
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Despre scrisul juridic
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I belong to those who believe that all words, said or written, trigger the moral responsibility of the author. The words come from our inner writing and are meant to be printed in the mind of the reader. (…) The conclusion belongs to the reader, but exposing the reasoning is in the hands of the author.
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
For a lawyer, the word is the scalpel with which he or she operates. A scalpel of a surgeon which is blunt, imprecise or too large can hurt. Likewise, the word of the legal practitioner must be an instrument of precision, which goes straight to the target, without useless deviations.
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Răspunsul meu la întrebarea „Cum scrieţi?” Scriu din pasiune!
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Valuable writing is and remains the objectivation of creative thinking, which works and is fruitful only at a high temperature of intellectual involvement of the author.Therefore, valuable ideas, which do not join the play of creative passion, in many cases are simply freezed and remain so.
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
When I write, I always want to imprint, especially in course materials, monographs and treatises, the “ghost of the author”, that sondergut, as the Germans call it, that is the part of the book that belongs to the author beyond a doubt, original without discussion, not inspired from intellectual readings or intersections with other authors.
...
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
For the most part, added value comes from a new perspective, most often identifiable in other systems of law or even in other fi elds of study. However much we might wish otherwise, it is exceptionally rare that we can claim paternity over a question of law. Almost always, in its substance, the researched problem will have been formulated before, perhaps in other words, in other times, in a different place or with a different starting point. C...
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Scriitura_Brief
Numărul 3 Anul 2020
Numărul 3 Anul 2020
If writing a piece proves necessary, then a writing project is put together with all that it entails – a mission statement, a roadmap marked by qualitative and quantitative milestones, a calendar and of course, executive instructions, to detail.
Keywords:
...
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Cum scriu o hotărâre?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Any judicial decision is a narrative, a story about finding the truth. The search for the truth is a difficult task, since the pieces of evidence, regarded as the signs that the facts have left, seldom tell us a unique and coherent story. The interpretation of the law is no easier task, either; from all the interpretation methods available, I choose the literal interpretation over the teleological one, as it saves me from the pitfalls of my own...
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