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Pagina 20 din 51
„Scripturae soliloquiis”,
posibil răspuns la întrebarea „Cum scrieţi?”
Numărul 3 Anul 2020
I never just „write”. I rather transcript a soliloquy, an internal dialogue that requires to be recorded, probably out of a vanity of the moment, which later may bring post festum regrets or, at least, benevolent self-ironies… Why? Simple, because our writings are considered as fragments of legal literature. The legal literature, by contrast with other written works, is, in certain legal systems, a formal source of law, while i...
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De ce, ce și cum scriem știinţific în lumea juridică?
I read legal writings that are works of art, if you allow such a comparison. Buttoo few people read them if they do not solve a practical problem. Those whoapply the criteria I mentioned, and probably some other, they write, probably, for eternity. But I believe nothing is eternal (…) It is true thay there are long lasting principles and institutions that need to be know because we cannot build without foundation. But these n...
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Cum scriu
Numărul 3 Anul 2020
Because I want to communicate my ideas as briefly and clearly as possible, writing is laborious. Some problems are difficult or difficult to grasp, and in such cases I insist on them as long as it is necessary. I don’t lose patience and I don’t skip them superficially just to gain time.
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Note asupra scrisului în condiţii de gherilă juridică
Numărul 3 Anul 2020
The point is to show that a text never says just one thing, as we were taught in our law schools, in the fi rst year, that meaning is something that is constructed, that the very texts we are reading and under whose power we live are and always have been battlefields, that behind them there are long histories of battles and conflicts, briefly, that legal interpretation is produced in a „field of pain and death”.
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Cum scriu
Numărul 3 Anul 2020
Try to explain things (the facts of a case, for example) as if the reader would know nothing about it, but also has not much time to read. Because of this, complicated things should be explained as simply as possible. Keywords:
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Drept și stil juridic. O plimbare publică printr-o pădure narativă (privată?)
Numărul 3 Anul 2020
A quarter delight, three quarters effort, frustration, insatisfaction and self-cricism, inconvenience and sleepless nights. (…) A good text is like the outcome of succesful hunting, it requires long wait, with patience and perseverence. I understood that there is not just one angle from which to look at the world, nor defined landscapes, but just images glimpsed through a moving window. I understood that (…) the stories...
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Domnul Teo și profesorii de drept
Numărul 3 Anul 2020
Every law professor writing about law is a Mr. Teo. Keywords: selection, interpretation, canon, fracture.
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De ce prefer textele negociabile, nu textele de adeziune
Numărul 3 Anul 2020
The texts I write (and, in general, the texts that are written in law) are of two kinds: “negotiable” texts and texts “of adhesion”. (…) The texts written for “negotiation” have a different content from that which would have resulted if those texts had been written “for adhesion”. (…) Whoever the reader is, I examine the result of the agreement I propose to reach in terms of “degree of consensus”, not in terms of “assenting to an op...
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Cum scriu
Numărul 3 Anul 2020
Writing is as important for the discipline of an academic profession as is reading.But they are stages radically different, if not even opposed within the rhythm of academic life. A day that starts with going through bibliography, with checking sources or looking for the texts referred to by sources, or with reading texts which inevitably catch your attention, is a day which is lost for writing. Receptivity towards something new and cur...
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Cum scriu
Numărul 3 Anul 2020
The honesty of an author consists in acknowledging and exploring the scientific precedents on which his or her research is based. Keywords: bibliography, honesty, legal practice, legal literature. ...
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Cum scriu când scriu teorie juridică și… de ce?
Writing a legal text entails some particularities resulting from the specific of this communication and from the category of readers is addressed to. There is an even greater responsibility when drafting legal theory, due to the larger number of readers is expected to provide interest in the text. Several important rules to follow in the process of writing are provided herein.
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Virusul în contracte. Câteva idei despre interferența pandemiei COVID-19 cu executarea contractelor civile
Numărul 2 Anul 2020
The paper aims to analyze the interference of the COVID-19 pandemic with the execution of civil contracts, discussing how economic agents affected in their activity by the combined action of the pandemic and the legislative measures enacted in order to fight it can use the theory of hardship or force majeure/fortuitous case. The authors consider that a case-by-case analysis shall be needed, as the same fact may have different legal ...
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Compatibilitatea măsurilor pentru siguranța cibernetică a sistemului 5G cu libertatea comerțului
Numărul 2 Anul 2020
In early 2020, the NIS Cooperation Group published a set of cybersecurity measures in the context of the implementation of the 5G system (called 5G Network EU Toolbox Risk Mitiganting Meaasures), proposing technical and strategic measures to be taken by EU Member States.Some of the recommended measures include an assessment of the risk profile of suppliers and the application of restrictions for those considered to be at high risk for e...
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GDPR: Noi orientări privind valabilitatea consimțământului în cazul „cookie walls” și al acțiunilor swipe/scroll în cadrul unui website
Numărul 2 Anul 2020
The European Data Protection Board („EDPB”), the European Union’s independent body mandated to ensure the consistent application of Regulation no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data („GDPR”), issued, in May 2020, new specific guidelines for the interpretation and application of the GDPR provisions on consent for processing personal data. This articl...
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Reguli europene uniforme privind conflictul de legi în materia delictului civil
Numărul 2 Anul 2020
With the purpose of ensuring a unique internal market for all Member States of the European Union, governed by the free movement of persons and judgments principle, the European legislator has adopted numerous regulations on private international law, which attempt to solve, in a uniform manner, the conflict of laws arising out of private legal relations with foreign elements. In this article, we will examine the uniform rules for solving con...
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Pagina 20 din 51