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Search Results: 1 - 10 of 1888 matches for " Nadia Cerasela ANITEI "
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General Considerations on Personal Relations between Spouses under the Provisions of the New Civil Code
Nadia Cerasela ANITEI
Postmodern Openings , 2011,
Abstract: The effects of marriage are brought under regulation in the Civil Code in Title II entitled “Marriage” Chapter V is dedicated to personal rights and duties of spouses (art.307-311) and Chapter VI is dedicated to property rights and obligations of spouses (art.312-372). Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as follows: the Civil Code contains for example provisions relating to the irrevocability of donations between spouses (Article 937 Civil Code), Law no. 319/1944 in art. 1-5 sets the hereditary vocation of the surviving spouse and his/her right to habitation, etc. Moreover, the effects of marriage are set to rights in some international laws to which Romania is party or has ratified or acceded to, namely: the Universal Declaration of Human Rights (Article 16), the International Covenant on Civil and Political Rights (Article 23 paragraph 4 and art. 24),) International Covenant on Economic, Social and Cultural Rights (art. 10 paragraph 1), etc.2. In relation to the area of people, between whom these effects are produced,3, we distinguish the following types of relations:a. relationship between spouses;b. relations between spouses and their children;c. relations between a spouse and the relatives of the other spouse (affinity relations);d. relations between family members and other natural persons or legal persons.Relations between spouses refer to:a. personal relationships;b. economic relations;c. capacity of exercise.
General Considerations about Matrimonial Regime under the Provisions of the New Romanian Civil Code
Nadia Cerasela ANITEI
Postmodern Openings , 2011,
Abstract: The provisions of art. 312 of the Civil Code establish: a legal system, that is the community property regime and two types of conventional regimes: the regime of separation of goods and the regime of conventional community (the latter includes conventional derogation from community property regime).Legal matrimonial regime includes assets acquired by each spouse during marriage, except property required by law, which represents each spouse’s own assets.Community legal regime will apply in all situations in which prospective spouses opt for separation of property regime or the regime of conventional community.Separation of property regime is characterized by the fact that each of the spouses is the exclusive owner of their current assets and of those acquired alone after the dissolution of marriage, for the adoption of this regime the spouses being forced to draw up an inventory of movable property belonging to each one at the contracting of marriage.Conventional community regime is applicable when by matrimonial agreement, it derogates from the provisions on legal community regime, and the matrimonial convention concluded in this case can narrow or broaden the community of goods.
Primary Qualification of the General Effects of Marriage Notion
Nadia Cerasela ANITEI
Postmodern Openings , 2012,
Abstract: On October 1st 2011 entered into force the new Civil Code, which is based on the monistic conception of regulation of private law relations in a single code, thus changing not only the institutions of family law, but also the other institutions belonging to private law.The regulation of family relations is based on the lex ferenda solutions and proposals outlined over time by the doctrine and jurisprudence, and also on the provisions of the following laws: the French Civil Code, the Civil Code of Quebec, the Swiss Civil Code.Also, considering the fact that Romania is a member state of the European Union and that more and more Romanian people are living abroad or marry foreigners we consider the harmonization of legislation in order to determine the law applicable to such relationships as a highly important requirement.Given these issues I will devote the present study to: primary qualification of the general effects of marriage notion.
Primary Qualification of Matrimonial Regime Notion
Nadia Cerasela ANITEI
Revista Romaneasca pentru Educatie Multidimensionala , 2012,
Abstract: By adopting Law no. 287 of July 17, 2009 on the Civil Code republished by Law no. 71/2011 the new Civil Code is subject to the modern legislations tendencies to create a triple balance in terms of property relations between spouses by means of the matrimonial property regimes established:1. between spouses: through the appearance of matrimonial agreements, which have led to the adoption of more flexible legal rules which allow spouses a certain freedom to choose the regime of patrimonial relations between them;2. within the family: to protect the interests of the family, they resorted to mandatory rules providing for limitations and prohibitions (art.321-322 on the family home – a new notion in the Romanian law, art.316 on the acts of disposal seriously threatening family interests);3. between family and society-third parties: by establishing formal requirements of legal acts, including matrimonial agreements to be concluded by notarial act that must be given to publicity afterwards.Also, considering the fact that Romania is a member state of the European Union and that more and more Romanian people are living abroad or marry foreigners, we consider the harmonization of legislation in order to determine the law applicable to such relationships as a highly important requirement.Given these issues we will devote the present study: to primary qualification of the matrimonial regime notion.
The Scope of the Notions of Marriage, Property Relations and Matrimonial Agreement in Romanian Private International Law
Nadia ANITEI
Postmodern Openings , 2012,
Abstract: Application of private international law is impossible without deciphering the meaning of the legal rules specific to this branch or without classifying the test cases on categories. This dual mental operation that the judge has to do is called qualification.The notion of qualification is defined by authors differently. According to a first opinion the qualification is defined as the operation performed by an authority that is required to solve a conflict, when asked to find the conflict category of the situation, in order to decide what rule should be applied. According to another opinion, the qualification establishes the meaning of the notions of legal rules on the subject of regulation and the law applicable to the legal relationship. In a reverse operation, through qualification, they determine the legal category to which a fact situation belongs and indicate the competent law. According to a last opinion, qualification is defined in two ways: starting from the conflict of laws towards the facts (legal relationship) or vice versa. Thus:a. the qualification is the logical-judicial operation of determining the exact full meaning of legal terms expressing the content and relations of the conflict of laws, in order to see whether a legal relationship (a state of facts) is included (or not) among these terms;b. the qualification is the interpretation of a legal relationship (of a specific fact situation)in order to see the to which conflict of laws, in terms of content and relationship, it belongs.In foreign literature qualification is defined differently. Thus, according to a first view, the qualification is defined as the legal operation performed to include a specific legal situation in the contents of a conflict of laws. This operation gives rise to a conflict between the contents of the conflict of laws belonging to the same legal system, and to a qualifications conflict when another system of law, which relates to the facts, places it within the content of a conflict of laws different from that chosen by the legal system of the forum. According to another point of view, the qualification means defining the terms used by the rules of private international law: nationality (citizenship), domicile, residence, capacity, family rights, inheritance rights, etc.
Regulation of the main principles that govern the family relationships according to the stipulations in the Family Code and the new Civil Code
Nadia Cerasela DARIESCU
Revista Romaneasca pentru Educatie Multidimensionala , 2010,
Abstract: The paper analyses the principles that govern the family relationships from the point of view of the Family Code and of the Civil Code (in force byLaw no 287/2009) needed both for the settlement of those aspects related to the family relationships in those matters where the legislation is not explicit enough or does not contain any regulation, and for the assessment of the extent to which the stipulations of the Family Code or of the Civil Code that refer to the family relationships round themselves off with the stipulations of other normative papers.
DISCU II I PROPUNERI DE LEGE FERENDA CU PRIVIRE LA COMPETEN A ORGANELOR FISCALE
Nadia Cerasela DARIESCU,Cosmin DARIESCU
Revista Transilvan? de ?tiin?e Administrative , 2009,
Abstract: The enactment of the Code of Fiscal Procedure in 2003 represents a major step toward the unification of the Romanian fiscal legislation. Unfortunately, the Romanian Fiscal Law continues to be scattered by the enactment of a plethora of legislative acts and regulations which intend to complete or modify the Code of Fiscal Procedure. This paper studies chapter I of the Third Title of the Code of Fiscal Procedure entitled “General Procedural Provisions”. This chapter provides for the general jurisdiction of the fiscal bodies (Art. 32 to 36 of the Code of Fiscal Procedure). The authors define concepts such as jurisdiction of the fiscal bodies, general jurisdiction (Art. 32 of the Code), territorial jurisdiction (Art. 33 of the Code), jurisdiction on the secondary seats (Art. 34 of the Code), territorial jurisdiction of the fiscal branches of the local public administration (Art. 35 of the Code) as well as special jurisdiction (Art. 36 of the Code) by inference from the same notions used by the Civil Procedure Law (that is the common law for the interpretation and completion of the Code of Fiscal Procedure). The authors indicate which are the fiscal bodies with jurisdiction on the fiscal claims management as well as the fiscal bodies entitled to regulate the application of the legal fiscal provisions and to exercise the fiscal control. The paper highlights the legal gaps to be found in the provisions of Chapter I, Title III of the Code of Fiscal Procedure and tries to fill these gaps by de lege ferenda proposals.
Comunitatile catolice din Moldova Studiu de caz - Satele cu populatie romano - catolica din vecinatatea orasului Roman / Catholic Moldavian Communities. Case Study: Roman-Catholic Villages near Roman
Cerasela Maria Virlan-?Blaj
Journal for the Study of Religions and Ideologies , 2002,
Abstract: The existence of Catholic communities in Moldavia has raised questions not for the Orthodox population from neighbourhood but mostly for the Hungarian and Romanian history researchers. The term csangos was first used in 1783 by Petru Zold, a priest, in order to describe these communities and the term remained as such in the Hungarian historyography (and in the last decade it has also been borrowed by the Romanian historyography) but is not accepted and used by the majority of people belong- ing to the community. The present case-study dedicated to the villages situated near Roman attempts to answer some ques- tions related to the origin and evolution of these communities without the intention of an exhaustive study.
Aspects of the relationship between the processing of stimuli in the peripheral perceptual field and in the perceptual central field
Mihai Anitei,Cornel Laurentiu Mincu,Mihaela Chraif
Psihologia Resurselor Umane , 2008,
Abstract: As humans have limited information processing abilities and rely on three fallible mental functions: perception, attention and memory, the driving error is easy to appear. The purpose of this paper is to highlight the male/female differences in processing the perceptive information from the external stimuli in the peripheral visual field and to demonstrate that the mean of the estimate errors in evaluating the speed and distances in the central visual perceptual field is in inverse ratio to the reaction time value at the visual stimuli from the peripheral driving tasks simulation. Between the variables number of wrong reactions and number of omissions there has been obtained a relatively high negative correlation (r=-0.728, p<0.001). The result has a strong implication in visual stimuli processing during driving tasks.
Comunitatile catolice din Moldova Studiu de caz:Satele cu populatie romano - catolica din vecinatatea orasului Roman
Cerasela Maria Virlan-Blaj
Journal for the Study of Religions and Ideologies , 2002,
Abstract: The existence of Catholic communities in Moldavia has raised questions not for the Orthodox population from neighbourhood but mostly for the Hungarian and Romanian history researchers. The term csangos" was first used in 1783 by Petru Zold, a priest, in order to describe these communities and the term remained as such in the Hungarian historyography (and in the last decade it has also been borrowed by the Romanian historyography) but is not accepted and used by the majority of people belonging to the community. The present case-study dedicated to the villages situated near Roman attempts to answer some questions related to the origin and evolution of these communities without the intention of an exhaustive study.
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