Articole din categoria: Anul 2020

Cum scriu un studiu de drept civil? Scurtă epistolă pentru neiniţiaţi
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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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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Cum scriu? Cum călătoresc!
Numărul 3 Anul 2020
[F]or whom do we motivate the arbitral awards? To explain to the claimant why he won? To explain to the respondent why he lost? To protect the arbitral award against the risk of being annulled or not being enforced, by considering the mentality of the judges in front of which it will be brought? To create doctrine of private international law or international commercial law? To write good legal literature, with which to be associated over the...
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Scriem așa cum citim
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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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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Prima frază
Numărul 3 Anul 2020
I write not only about law but in writing about law I also write about myself (a self who knows that in writing about law she also writes about herself). As such, my text will almost always be doubly marked by identity. Keywords:
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Să (de)scriu
What is the image of an ideal article? I wrote here about article and not books because the article is like a short story. The precision and the consistency, the intelligence and the exuberance can be better seen in articles than in books. (…) The title must be so good that you make it into the searches in the data basis and search engines. It must be sophisticated also. How can you make it simple and sophisticated? By knowin...
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„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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Cum scriu
Numărul 3 Anul 2020
I must read everything was written before I start writing. (…) In the legal field, every word counts. Keywords: dialectical triad thesis-antithesis-synthesis, bibliography, decision of the European Court of Human Rights, s...
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Dacă în drept ar funcţiona stilul epistolar…
Numărul 3 Anul 2020
It is not the same if you draft an acquittal proposal in a fi le where parties have settled (…) or if you draft an indictment which refers to numerous facts, more authors, which advance various defences that you need to address. Equally, it is not the same to present the facts in an order to the investigation department (which is familiar with the file) to complete the prosecution file or in an indictment based on which the judge decides on h...
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