Efficiency Modalities in Internal Plan of Decisions Isued by International Jurisdictions that Regulated the Situation of Private Law Persons in National Judicial Order
The objectives of the article are represented by the prove of the fact that the decisions of the courtgive birth to rights and obligations in natural persons and judicial persons’ patrimonies, in internal law, sothat the problem if these can prevail from the authority of the thing judged is posed? B...
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| Format: | Article |
| Language: | English |
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Danubius University
2011-05-01
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| Series: | EIRP Proceedings |
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| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/724/654 |
| Summary: | The objectives of the article are represented by the prove of the fact that the decisions of the courtgive birth to rights and obligations in natural persons and judicial persons’ patrimonies, in internal law, sothat the problem if these can prevail from the authority of the thing judged is posed? Besides this situation,the rules of international law are applied by national courts according to national constitutions and fordomestic purposes. According to the theory of the act of state, even if it would seem that, at least internal actsof implementation of international rules are subjected to internal jurisdictions, the resolutions implementedoften touch the problem of security and public order which escapes the judicial competency. In order torealize this study the systemic method, the comparative method and the logical method were used, but a tightcollaboration, a combination of research methods are imposed, so that each has the vocation to seize theuniverse, thus it is proper to mention the contribution of epistemology as a reflection on sciences, bringinginto discussion a normative discourse in systems of descriptive texts. In conclusion, the national judge is freeto ignore the decisions of ICJ or to keep in mind these decisions in interpreting an internal law norm, aninternational law rule or to avoid the reexamining of problems already presented in these decisions. It isimportant to also realized an approach of the image of the law and of its meanings, beyond the clichés we gotused to, observing that, due to its complexity, law can not be reduced to one and unique representation. |
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| ISSN: | 2067-9211 2069-9344 |