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61
Standarde de integritate privind aleşii locali. Regimul juridic al incompatibilităţilor
Published 2015-12-01“…Also, the article analizes the most recent constitutional jurisprudence and the jurisprudence of the High Court of Cassation and Justice in order to highlight general patterns and the most important principles of interpretation and application of the integrity legal framework. …”
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62
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Abuso del diritto, giurisprudenza tributaria e categorie civilistiche
Published 2009-12-01“… / 𝑇ℎ𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐽𝑢𝑠𝑡𝑖𝑐𝑒 𝑜𝑓 𝑡ℎ𝑒 𝐸𝑢𝑟𝑜𝑝𝑒𝑎𝑛 𝐶𝑜𝑚𝑚𝑢𝑛𝑖𝑡𝑖𝑒𝑠 𝑎𝑛𝑑 𝑡ℎ𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛 𝑞𝑢𝑎𝑙𝑖𝑓𝑦 𝑎𝑛 𝑎𝑏𝑢𝑠𝑒 𝑜𝑓 𝑡ℎ𝑒 𝑟𝑖𝑔ℎ𝑡 𝑎𝑙𝑙 𝑗𝑢𝑟𝑖𝑑𝑖𝑐𝑎𝑙 𝑎𝑐𝑡𝑠 𝑒𝑠𝑠𝑒𝑛𝑡𝑖𝑎𝑙𝑙𝑦 𝑐𝑜𝑛𝑓𝑜𝑟𝑚𝑒𝑑 𝑡𝑜 𝑔𝑒𝑡 𝑎 𝑓𝑖𝑠𝑐𝑎𝑙 𝑎𝑑𝑣𝑎𝑛𝑡𝑎𝑔𝑒. …”
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64
İŞÇİ ALACAKLARINA İLİŞKİN DAVALARDA NET TUTAR YERİNE BRÜT TUTAR ÜZERİNDEN KARAR VERİLMESİ
Published 2018-12-01“…There is no special regulation on this subject at the Labor Courts Law No. 7036 or the Civil Procedure Law No. 6100. The Court of Cassation demands the decision to be given over on the gross amount in cases related to employee’s receivables. …”
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65
Validity of Probation Requirement in a Fixed-term Employment Contract under the Jordanian Labour Law
Published 2022-12-01“…The study provides an analysis of the clause of Article (35) of the Jordanian Labour Law, taking into consideration the judicial rulings issued by the Jordanian Court of Cassation, with a statement of the position of Jordanian jurisprudence on the provisions of this clause. …”
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66
Legal subordination – criterion applicable to the recurrence of legal nature of the contract (as individual labor)
Published 2017-12-01“…In its turn, the High Court of Cassation and Justice stated in Decision no. 574/2011 that – in order to qualify a contract as a work – there must be three elements, namely: performance of the work as the primary purpose of the contract; remuneration of the work done; the existence of a subordination report. …”
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67
La necessaria discontinuità nell'interpretazione della disciplina applicabile ai procedimenti sanzionatori di Consob e Banca d'Italia
Published 2022-06-01“… / 𝑇ℎ𝑒 𝑒𝑠𝑠𝑎𝑦 𝑐𝑟𝑖𝑡𝑖𝑐𝑎𝑙𝑙𝑦 𝑎𝑛𝑎𝑙𝑦𝑠𝑒𝑠 𝑡ℎ𝑒 𝑜𝑟𝑖𝑒𝑛𝑡𝑎𝑡𝑖𝑜𝑛𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑗𝑢𝑟𝑖𝑠𝑝𝑟𝑢𝑑𝑒𝑛𝑐𝑒 𝑜𝑓 𝑡ℎ𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛 𝑐𝑜𝑛𝑐𝑒𝑟𝑛𝑖𝑛𝑔 𝑡ℎ𝑒 𝑠𝑒𝑡 𝑜𝑓 𝑔𝑢𝑎𝑟𝑎𝑛𝑡𝑒𝑒𝑠 𝑡ℎ𝑎𝑡 𝑎𝑠𝑠𝑖𝑠𝑡 (𝑜𝑟 𝑠ℎ𝑜𝑢𝑙𝑑 𝑎𝑠𝑠𝑖𝑠𝑡) 𝑡ℎ𝑒 𝑐𝑜𝑛𝑑𝑢𝑐𝑡 𝑜𝑓 𝑠𝑎𝑛𝑐𝑡𝑖𝑜𝑛𝑖𝑛𝑔 𝑝𝑟𝑜𝑐𝑒𝑒𝑑𝑖𝑛𝑔𝑠 𝑏𝑦 𝐶𝑜𝑛𝑠𝑜𝑏 𝑎𝑛𝑑 𝑡ℎ𝑒 𝐵𝑎𝑛𝑘 𝑜𝑓 𝐼𝑡𝑎𝑙𝑦, 𝑡ℎ𝑟𝑜𝑢𝑔ℎ 𝑎 𝑐𝑜𝑛𝑠𝑡𝑎𝑛𝑡 𝑐𝑜𝑚𝑝𝑎𝑟𝑖𝑠𝑜𝑛 𝑤𝑖𝑡ℎ 𝑐𝑜𝑛𝑠𝑡𝑖𝑡𝑢𝑡𝑖𝑜𝑛𝑎𝑙 𝑎𝑛𝑑 𝐸𝑢𝑟𝑜𝑝𝑒𝑎𝑛 𝑝𝑟𝑖𝑛𝑐𝑖𝑝𝑙𝑒𝑠. …”
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Efectele hotărârilor judecătorești. Limita dintre opozabilitate și obligativitate // The effects of judicial decisions. The boundaries between third party effect and enforceability...
Published 2023-03-01“…The study is also bringing into discussion the Decision no. 18/17th of February 2020 of the High Court of Cassation and Justice as it has significant implications on the matter. …”
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69
PECULIARITIES OF THE CRIME OF DRIVING A VEHICLE UNDER THE INFLUENCE OF PSYCHOACTIVE SUBSTANCES, PROVIDED BY ART. 336 PARA. (2) CP. THEORETICAL AND PRACTICAL ASPECTS
Published 2023-06-01“…The opinions of legal authors in the matter will be presented and interpreted, as well as the solutions pronounced by the High Court of Cassation and Justice, by other national courts and by the criminal prosecution bodies. …”
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70
CRIMINAL LIABILITY OF A LEGAL ENTITY ACCORDING TO ROMANIAN LAW NO.46/2008
Published 2017-05-01“…The second part will refer to specific provisions found in Law no.46/2008, mainly articles 106-110, with a brief reference to the Decision of the Romanian Constitutional Court no.670/2008, alongside the Decision given in an appeal in the interest of the Law, by the High Court of Cassation and Justice, no. XII/12.02.2008, and will also consist of a critical approach, from a practical point of view, of the provisions earlier mentioned, holding into account the manner of incrimination by reference to another provision, or to another normative act. …”
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71
Jurisprudential aspects regarding the action in annulment of the debtor’s patrimonial transfers, the debtor being in insolvency procedure
Published 2015-06-01“…The study aims to present relevant aspects from the jurisprudential solutions of the High Court of Cassation and Justice in matters of the action in annulment of the patrimonial transfers of the debtor in insolvency procedure and of other judicial actions introduced by the procedure bodies or, by case, the participants to the procedure who are enabled to use the measures prescribed by the law for the purpose of restoring the debtor’s patrimony. …”
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72
Standarde de integritate publică privind aleșii locali. Sancționarea conflictului de interese administrativ
Published 2014-06-01“…The article investigates the importance of uniformity of the High Court of Cassation and Justice’s jurisprudence in curbing potential corruption and confict of interest risks, the impact of the Constitutional Court’s decisions in interpretation and applicability of public integrity legal framework, as well as in the process of gua-ranteeing the effectiveness of legal sanctions. …”
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73
Judicial Trajectories in the Recognition of Environmental Migrants
Published 2023-09-01“…By moving from the supranational context to the national one, the paper will focus on two recent decisions adopted by the French Bordeaux Administrative Court and the Italian Court of Cassation. Indeed, they both represent relevant examples of the role played by national courts in broadening the interpretation and application of the existing instruments of protection for environmental migrants. …”
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74
Grounds for review of court decisions based on the jury’s decision in the appellate instance
Published 2018-12-01“…The paper suggests statistical indicators of the activity of the jury as a court of first instance, as well as statistical characteristics of the decisions of the Supreme Court of the Russian Federation as a court of appeal and as a court of cassation. A brief description of the rules of appeal proceedings, the types of appealed decisions, powers and limits of the rights of appeal are also characterized. …”
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75
The Flotilla Incident from the Perspective of International Law and the Judicial Rights of the Victims
Published 2020-12-01“…This bilateral agreement is a legal obstruction imposed to the victims in their quest of justice. The Turkish Court of Cassation, in its recent decisions, has requested the courts of first instance to take into consideration the provisions of the said agreement. …”
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76
THE ADMINISTRATIVE SYSTEM IN FRANCE
Published 2012-05-01“…Judicial courts are under the supreme authority of the Court of Cassation with jurisdiction to cancel judgments passed courts on inferior hierarchy levels and plays a central role in the appropriate performance of the activity. …”
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77
Power of attorney in favor of a third party?
Published 2022-01-01“…Moreover, the explanation of the judgment of the Supreme Court of Cassation on the solidary liability of the accused and the certain person (wife) opens a number of questions, which are the subject of research in this paper. …”
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اليمين غير القضائية
Published 2018-10-01“…The majority of jurists and the court of cassation in Syria and Egypt are accepted the legal existence of extrajudicial oath, and they considered it as " conventional decisive Oath " , and we are going to discuss probative legal value to this oath, according to the Syrian law of evidence , and knowing the system which adopted this Law in organizing means of proof ,and determined the legal value to the special agreements of the means of proof ,and after searching we had a result which is contrary to which public jurists and jurisprudence adopted. …”
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