Table of Contents
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Professor Carlos RODRIGUES; Professor Ana CAMPINA
1. HEALTH AND HUMAN RIGHTS, ECHR AND THE CONSTITUTION OF THE PORTUGUESE REPUBLIC: AN INTERPRETATIONAbstract:Health is a Human Right needing a permanent attention, study, and interpretation. As the conceptualization of Health is complex, the universality and legal recognition by the International Law has relevant perspectives and inherent consequences for the human beings, the States - political, economic, social, cultural – requiring a particular understanding and scientific interpretations. This research applied a qualitative method, but including an important study of statistics, so quantitative, by the Human Rights perspective, there is a health conceptual overview within the International, European Law, focus on the Portuguese legal study case. The European Convention on Human Rights (Council of Europe) has been used to tackle health as a right most different contexts, Portugal as a member is charged to protect the lives of all human beings of his jurisdiction, guaranteeing the right to health. This right is recognized by the Constitution of the Portuguese Republic (1976), there is an important National Health Care System and Portugal is growing in compliance with the right to health in accordance with international standards.
Keywords: health, human rights, Constitution of the Portuguese Republic, national health care.
JEL Classification:K33, K38, K40
Page 180 - PhD. student Jana MLÝNKOVÁ
2. THE FUNCION OF SECURITY DEPOSIT IN AREA OF THE CZECH TENANCY LAW AND SOME PROBLEMS ASSOCIATED WITH ITAbstract:Security deposit is a special form of securing the landlord’s claim against the tenant. This institute is regulated by Section 2254 of Act No. 89/2012 Coll., The Civil Code. Although the rules on certainty may seem to be sufficient and clear to the first impression, after closer examination it is clear that this is not so and that there are a large number of unanswered questions which are mentioned in this paper, for example: Is the statutory maximum amount of security deposit sufficient? Is it possible to count on the security deposit given to the landlord and to supplement the security deposit during the tenancy relationship, if such an arrangement is included in the lease contract? And what about the return of the security deposit? The aim of the paper is to find a solution to the above-mentioned shortcomings of the Czech legislation on the basis of a comparison with the legislation of the Slovak Republic, which for historical reasons is very similar to the Czech legislation.
Keywords:tenant; landlord; Civil Code; security deposit; interest.
JEL Classification:K12, K15, K25
Page 192 - Associate professor Erjona BANA (CANAJ)
3. THE RIGHT OF RESIDENCE OF FOREIGNERS IN ALBANIAAbstract:Migration has been an essential part of Albania’s history and still is to the present day, though it has changed both in size and nature since the fall of Communism. Since the introduction of reforms, the Albanian migration picture has evolved. Albania has opened itself up much more to migrants, though the relative number of immigrants remains low. This opening has included changes in the legislative framework governing immigration and a closer resemblance between Albanian legislation and international conventions governing individual rights and State obligations in the field of migration. Albania has transposed all EU directives relating to immigration and asylum into its national legal system and participates in the negotiations on new migration and asylum measures at the regional level. Albania has especially changed its legislation to improve its alignment with the standards of the EU necessary for its eventual accession. This is a desk-research, which provides an overview of rules and procedures for the residence of foreigners in the Republic of Albania. The objective is to trace the main institutional and legal procedures applicable to foreign citizens who seek to stay in Albania. This paper also highlights some of the challenges in the application, interpretation and development of immigration rules currently present in the Republic of Albania.
Keywords: the right of residence of foreigners, Law “On Foreigners”, Albanian legislation, short stay, long-term residence, procedures, etc.
JEL Classification:K33, K36
Page 199 - Professor Crenguța LEAUA; Student Iulia-Alexandra DIDU
4. CHATBOTS. LEGAL CHALLENGES AND THE EU LEGAL POLICY APPROACHAbstract:In the modern era of digital technology, chatbots are becoming a prominent element in the conversational services. Chatbots are software that can successfully communicate with human beings. Their popularity as a means of communication has been recently engaged not only in the business field, for the relation with clients and consumers, but also for the services provided by regulated profession such as doctors, lawyers, etc. The aim of this paper is to present the general juridical problems which may arise when employing a conversational agent in the communication process with humans. Issues such as taxonomy, intellectual property rights, civil liability, consumer protection, cybersecurity and compliance with secrecy regulations, privacy and data protection, and other problematic human rights issues are among those to be taken into consideration. Recent documents of legal policy of the European Union are also presented, namely the Proposal for a Regulation of the European Parliament and of the Council laying down harmonized rules on Artificial Intelligence (AI) and amending certain Union legislative acts. This proposal, although aimed to address AI in general, has a number of provisions also relevant for chatbots, as conversational AI.
Keywords: chatbot, artificial intelligence, human rights, consumer protection, liability.
JEL Classification:K24, K33
Page 210 - Legal adviser Cornelia VLADU
5. ASPECTS REGARDING THE INDIVIDUALIZATION OF PUNISHMENTS FOLLOWING THE AMENDMENT OF THE CRIMINAL CODEAbstract:The term of "punishment individualization" is known since 1898, because of the publication of Raymond Saleilles's work entitled “L’individualisation de la peine”. The definition of the concept of individualization was outlined by the legislator through juridical technique, as: when establishing and applying punishments as tools for adapting the convict to the penitentiary environment. The punishment individualization is a complex operation that is carried out both by the legislator (the legal individualization, realized at the moment of the elaboration of the law, by establishing the general framework of punishments, the special limits for each offense and the framework within which judicial individualization and administrative individualization may intervene), by the court (juridical individualization), as well as during the execution of the sentence (administrative individualization, for example: establishing the regime of execution of the prison sentence, granting conditional release, changing the content of the obligations imposed in the context of postponing the application of the sentence or suspending the execution of the sentence under supervision).
Keywords: punishment, crime, punishment individualization, establishing punishment, application of punishment, postponement of application of punishment, suspension of execution of sentence under supervision.
JEL Classification:K14
Page 223 -
6. DISMISSAL AND RELATED PROBLEMS OF SOCIAL MEDIA-RELATED MISCONDUCT IN THE SOUTH AFRICAN WORKPLACEAbstract:The advent of social media-related platforms has directly and/or indirectly affected the employer-employee relationship in the South African workplace. The misuse of social media by employees in the workplace during office working hours has resulted in numerous dismissals of employees for social media-related misconduct in South Africa. While such dismissals of employees for social media-related misconduct could be justifiable, some employees have been sometimes unfairly dismissed for their mere use of social media platforms and/or for the innocent comments made through such platforms in the South African workplace during office working hours. Owing to this conundrum, the article investigates the procedural and substantive fairness of social media-related dismissals of employees in accordance with the South African employment laws. This is done to unpack problems associated with social media-related misconduct in the workplace and related flaws in the South African employment laws. Moreover, examples of social media-related misconduct by employees are discussed and possible recommendations that could adopted to combat such misconduct are provided.
Keywords: social media-related misconduct, dismissal, workplace, cyber bullying, harassment.
JEL Classification:K24, K31
Page 233 - Lecturer Ana-Maria LUPULESCU
7. SOME CONSIDERATIONS ON THE PERIODIC OWNERSHIPAbstract:Under the previous legal regulation, periodic ownership had generated long and, most often, controversial discussions in the juridical literature. As a result, the Civil Code currently in force recognizes the existence of periodic ownership as a case of forced co-ownership, while establishing the basis for its creation, the rights and obligations of co-owners, as well as the ways to terminate this form of forced co-ownership (art. 687-692 Civil Code), even if it is regulated, inexplicably, in a separate chapter of the Civil Code, and not in the section dedicated to forced co-ownership. Unlike other cases of forced co-ownership, periodic ownership has a number of specific features, from several points of view, such as the criterion for determining the extent of the right belonging to each co-owner, its legal content or its exercise. For these reasons, we believe that a critical analysis of the applicable legal regulation in the field of periodic ownership could be relevant and useful both for theoreticians of law, but also for practitioners.
Keywords: periodic ownership, forced co-ownership, juridical nature, particularities.
JEL Classification:K11, K15
Page 252 - Lecturer Mirela Paula COSTACHE; Lecturer Valentina CORNEA; Associate professor Nora Andreea DAGHIE
8. CONTEMPORARY PARADIGMS OF LABOR MIGRATION AND THE SOLUTION OF PARENTAL AUTHORITY DELEGATIONAbstract:Closely related to the very quality of being European Union citizens, the movement of people and labor migration is significant from Romania to other EU countries. Being a complex process, the labor migration determines a chain of effects, involving both positive aspects (economic, social, cultural or relevant to the labor market) as well as negative, unfortunate and unintended, especially for families and children. Although the parents’ choice to work abroad is based on a criterion related to the level of economic development of the family, which meets the legal imperative that any decision must respect the principle of best interests of the child, the imminent risk factor generated by this choice leads to serious vulnerabilities and problems regarding a judicious and real protection of children's rights in our country. Numerous studies and statistics published at national level have determined, on one hand, the need of a more active involvement of the local and central public administration authorities in order to establish the actual dimensions of this phenomenon and, on the other hand, the necessity of establishing an express alternative protection framework for these abandoned children, which are now, in many cases, in the random care of people, other than their parents. Given this general context, this study identifies and analyzes the extent to which the current legislative framework on the situation of children whose parents have moved abroad in order to work is applicable or not. We will also present our opinion on the procedure of delegating parental authority by parents in the situation mentioned above and the efficiency of other alternative care measures and see if they meet the requirements established by the principle of the best interests of the child.
Keywords: labor migration, parental authority, child protection, best interest of the child, social assistance, children rights.
JEL Classification:K15, K31, K36, K37
Page 258 - Lecturer Shelton T. Mota MAKORE; Professor Patrick C. OSODE; Lecturer Nombulelo LUBISI
9. RE-CONFIGURING SOUTH AFRICAN PATENT LAWS IN SEARCH OF AN AFROCENTRIC APPROACH FOR EXPANDING ACCESS TO ESSENTIAL PATENTED MEDICINES IN THE COVID-19 ERAAbstract:In an effort to fight the epidemiological health crisis precipitated by COVID-19, South Africa has declared a state of national disaster under the Disaster Management Act 52 of 2002 enabling the government to lawfully impose lockdowns and take other necessary measures. This article argues that for South Africa to succeed in overcoming the said crisis as well as the other pandemics facing the country, there is a need to re-configure the country’s patent laws based on an Afrocentric approach to expanding access to essential medicines. It contends that South Africa’s current patent laws are based on problematic theories of intellectual property law largely steeped in a Eurocentric regulatory construct which advances neo-colonial economic interests contrary to the country’s desperate need to ensure access to essential medicines. The article argues for acceptance of justificatory indigenous and communalistic theories that enable the enactment of intellectual property rights anchored on the philosophy of Ubuntu as supplementary to some of the extant western individualistic notions currently underpinning patents on essential medicines. Such a humanising approach, together with other complimentary measures, has the potential to re-orient and re-engineer the concept of patents on essential medicines and the concomitant regulatory framework thereby promoting access to medicines in the COVID-19 era and beyond.
Keywords: epidemiological health crisis, Afrocentric, Eurocentric, neoliberalism, neo-colonial, Ubuntu, humanising, re-orient, re-configure, communalistic, intellectual property regime.
JEL Classification:K32
Page 267 - Lawyer Mădălina MITAN; Lawyer Alexandra HUZA
10. CURRENT ISSUES RELATED TO THE TAXATION OF TRANSACTIONS WITH FARMLAND LOCATED OUTSIDE THE BUILT-UP AREAAbstract:Law No. 17/2014 on the regulations regarding the sale and purchase of agricultural land outside buildable areas and for the amendment of Law No. 268/2001 on the privatisation of companies administering the State's publicly and privately owned agricultural land and for the creation of the Agency for the State's Domain ("Law 17")3, as amended by way of Law no. 175/2020 for the amendment and completion of Law 17 ("Law 175") generated uncertainty on the agricultural real estate market.
Keywords: farmland located outside buildable area, taxation of real estate transactions, pre-emption right, agricultural land.
JEL Classification:K11, K34
Page 290 - Lecturer Emrush KASTRATI; PhD. student Albrim KASTRATI
11. THE PRESENCE OF OFFICIAL CORRUPTION AS THE OBSTACLE TOWARDS EU INTEGRATION OF KOSOVOAbstract:Like every criminal act that is of social dangerousness, crimal offenses of official corruption have the features of social dangerousness. Criminal offenses of official corruption are of high dangerousness level, based on the fact that we have to deal with the unlawful acts whose perpetrators are parts of state organs, including, apart from administrative organs, judicial organs whereas these criminal offenses take part in the group of criminal offenses of corruption against the official duties. In Kosovo courts, a considerable number of cases is being judged against the official corruption or which are corruption motivated. Essenatial element of this crime is the violation of the official duties by the officials through the criminal deeds---by misusing official position or official authorizations ragarding the official duties. All executive organs, as well the judicial ones are being engaged within their authorizations to prevent or to judge corruption as big evil within a society, but the question if the state organs are being successful on combating corruption is appropriately raised in both: prevention and trials, which actually are the main duties of these organs.
Keywords: misuse, use, corruption, prevention, trial.
JEL Classification:K14, K33
Page 294 - Assistant professor Nelu Dorinel POPA; Student Cezara POPA
12. HISTORICAL REFERENCES AND DOCTRINE PRECEDENTS OF CRIMINOLOGY ON A WORLDWIDE LEVELAbstract:It is a known fact that the object of study of criminology is the "criminal phenomenon", which is considered both from an individual point of view, in relation to the concepts of "crime" and "criminal", and from a collective point of view, for which the concept of "criminality" is observed. A study of the origin and worldwide development of criminology has thus been carried out in relation to these basic concepts. Although a truly scientific approach to criminology has only been developed since the 18th century, there have previously been numerous historical sources and references throughout the entire temporal arc of human evolution that have highlighted the manifest interest in the discipline and the concepts mentioned. Three main schools of thought in modern criminological theory have later been establisheed, covering the period from the mid-eighteenth century to the mid-twentieth century: the classical, the positivist and the Chicago School. The international bodies responsible for criminology have also played a major role, without which this science would not have evolved to the stage it is at today.
Keywords: criminology, criminal law, criminal sociology, crime prevention.
JEL Classification:K14, K33
Page 300 - Lecturer Precious SIHLANGU; Professor Kola O. ODEKU
13. CRITICAL ANALYSIS OF INTERNATIONAL AND NATIONAL LAWS REDRESSING PAST APARTHEID LAND DISCRIMINATION AND INJUSTICE IN SOUTH AFRICAAbstract:South African land systems were brutally and cruelly administered by the colonial and apartheid rulers pre-1994 democratic dispensation. The rulers used the law to forcefully remove black South Africans from their land and they arbitrarily took over except for the non-arable and remote areas earmarked for the majority black. Post-1994, the South African government joined various international organisations as a member of the United Nations. International Conventions and treaties that promote restitution of land back to the people who were violently removed from their land by the rulers became imperative and as such, they were promptly ratified and adopted by South Africa. These international law instruments in conjunction with transformative laws and policies that have been put in place have been very helpful in the quest of ensuring that the black majority reclaim their land. To this end, salient provisions are being used to redress the past land injustices and redistribute land back to the rightful owners. However, the extent to which redistributed land are being used for productive purposes by the current beneficiaries leaves much to be desired. The paper examines various international law instruments and South African laws and policies in place to redress the past land injustices, their impacts, and challenges being faced by the beneficiaries to work the land productively.
Keywords: access to land, conventions and treaties, forced removal, redistribution, productive use of land, South Africa.
JEL Classification:K30, K33, K38
Page 308 - Lecturer Ovidiu Horia MAICAN
14. LEGAL REGIME OF COMPETITION IN INDIAAbstract:The study of the competion legislation in India has as justification the fact that the indian economiy has one of the biggest growth rates in the world, India being the biggest democracy in the world. At the begining, India had its own competition law, called the Monopolies and Restrictive Trade Practices Act 1969 (MRTP Act). After the initiation of the economic liberalization in 1991, it became imperative to put in place a competition law regime that was more responsive to the economic realities of the nation and in accordance with international practices. In 2002, the Indian Parliament voted a new law, Competition Act, to regulate business practices in India. The Competition Act has as goal to regulate three types of conduct (anti-competitive agreements, abuse of a dominant position and combinations). The Competition Act was amended by the Competition (Amendment) Act in 2007 and 2009. The Competition Act has also created a new enforcement body, the Competition Commission of India (CCI), which is responsible for the enforcement of the Competition Act. According to the provisions of the Competition Act, is allowed to make an appeal to the Competition Appellate Tribunal (COMPAT) against the decisions of the CCI. A further appeal from the decision of the COMPAT may be submitted before the Supreme Court of India. In the same, the Competition Act is taking into consideration its enforcement with the aid of mutual international support and enforcement networks across the world.
Keywords: India, Economic Liberalization, Competition, Competition Act, Competition Commission.
JEL Classification:K33
Page 318 - Lecturer Valeriu KUCIUK
15. PROVISION OF PUBLIC SERVICES - PROBLEM ASPECTS OF LAW. CASE STUDYAbstract:The author researches the field of public law, namely the subject of the the correct placement of budgetary-fiscal tasks in the Republic of Moldova, of the financial contributions that are collected from citizens, of the provision of public services for a fee by public authorities and institutions. In the research, the author used the following research methods: logical method, systemic and formal-legal analysis, comparative and generalizing methods. Following the scientific investigation, the author considers that the constitutional norms regarding the formation, distribution and use of the public budget are violated, there is an omission to regulate the financial-fiscal field which consists in the law regulating the provision of public services for a fee. In conclusion, the author comes with recommendations mentioning certain regulatory measures that could improve the field of public finances, increasing financial responsibility and discipline.
Keywords: public law, constitution, tax system, public services.
JEL Classification:H83, K23
Page 329 - Lecturer Simona GUȚIU
16. LEGAL FRAMEWORK FOR DEVELOPING RENEWABLE PROJECTS IN ROMANIA UNTIL 2030. A REAL ESTATE LEGAL PERSPECTIVEAbstract:Romania has an installed capacity in electrical power production units of 19,581.543 MW2. Romania has undertaken under European Green Deal to increase significantly its production capacity until 2030. As per the public available data, Romania’s renewable energy contribution to the 2030 EU level target is 30.7% of gross final energy consumption in 2030. The estimated amount of investment is EUR 150 billion for 2021 to 2030 (annually around 7% of current GDP).3 This investment plan implies developing of many new renewable energy power production capacities. The hereby article offers a brief analysis of the main legal institution in real estate to be applied in developing such renewable energy projects. Depending on the type of the real estate property where the renewable energy projects will be developed on, there are several significant issues that any investor should consider before commencing the development of its projects.
Keywords: renewable energy, Romania, greenfield projects, gross final energy consumption in 2030, European Green Deal, second wave of RES projects.
JEL Classification:K25
Page 240 - Professor Hajredin KUÇI; Assistant and doctoral student Kastriote VLAHNA
17. LEGAL CHARACTERISTICS OF THE EU-KOSOVO RELATIONSAbstract:Building a ‘rule of law based’-democracy is a challenge for post-communist and post-war societies. Rule of law is a priority for these societies and it is very often prescribed as a membership criteria required by international organizations, such as the European Union. As such an aspiring country, Kosovo is faced with the challenge of building a legal system compatible with that of the European Union member states, but also of developing legal cooperation with other countries. This paper will analyze the process of Europeanisation of the legal system of Kosovo and presents a dynamic impact of the European Institutions and Missions in Kosovo which were introduced and operate despite the fact that Kosovo officially is not recognized by EU institutions and all EU member states. As such, the paper will focus on analyzing the legal treatment and sui generis relations between EU and Kosovo, especially during the UNMIK time, with EULEX mission, of the unique singing modalities and content of SAA, Office of Specialist Chambers of Prosecutors and Judges and including the recommendations for legal cooperation in certain circumstances during the fulfillment of the above mentioned obligations and integration process. The main question addressed in this article is how the EU has influenced the rule of law in Kosovo. In doing so the paper will observe the results of that influence that are sui genres as well as how the EU-Kosovo cooperation has helped keeping the integration process and research strategies for the further cooperation going. This hypothesis will be tested by measuring the inclusion and application of the main European standards in cooperation with the third states. Additionally, comparative methods will be used in finding similarities and differences with other cases. Kosovo faces many challenges in international cooperation, not only with regard to those missions operating in Kosovo itself (such as EULEX, CE, EUO etc.), but also with EU as an organization, especially due to Kosovo’s lack of membership in EU. Another challenge faced is the cooperation with EU countries that have not yet recognized Kosovo as a state. This paper emphasizes the efforts of Kosovo’s institutions beyond regular means, in order to conduct EU-Kosovo cooperation as one of the prerequisites for building the democracy based on rule of law. The main issues tackled in this paper are how these problems are addressed in practice, which are the obstacles arising, what are the ad hoc means of conducting such cooperation and what are the specificities and perspectives of EU-Kosovo cooperation. As such the paper aims at breaking down some of the legal peculiarities and uncertainties that have been created throughout the years as result of limitations to the international personality, aimed at ensuring that there is a cooperation with EU and non-recognizer countries through other ‘innovative’ means.
Keywords: EU, Kosovo, legal system, European law, relationship, international cooperation, membership, international organizations, non-recognition.
JEL Classification:K33
Page 347 - Associate professor Andreea TABACU
18. THE JUDICIAL PROCEDURE FOR THE CANCELLATION OF THE ALERT STATUS GOVERNMENT’S DECISIONSAbstract:After the Constitutional Court’s control, by no.392/2021 decision, it was stated that Law no.554/2004, of administrative contentious, the basis of the judicial procedure for the cancellation of Government’s Decisions, doesn’t satisfy the idea of celerity which defines the principle of access to justice in the field of the cancellation of the alert status decision. The study aims to identify and analyze the most important problems revealed before the courts in this matter and to find solutions in order to elaborate procedural norms which are able to achieve the principle above mentioned.
Keywords: administrative contentious, Government's Decision, state of alert, annulment, procedure.
JEL Classification:K23
Page 362 - Assistant professor Prabhpreet SINGH
19. RIGHT TO ADEQUATE STANDARD OF LIVING: A COMPARATIVE STUDY IN INDIAAbstract:Adequate standard of living promises the meaningful existence to human life. The life has essence when there is adequate clothing, food and nutrition, housing and the necessary conditions of care when required. Right to live the life with dignity includes in its ambit right to adequate standard of living. People should have access to basic needs for their living. World bank defines adequate standard of living inclusive of two elements: ‘The cost required to buy a minimum standard of nutrition and other basic necessities and a further amount that varies from country to country, reflecting the cost of participating in the everyday life of society.’ During last decade various international instruments have been pressing hard to right to adequate standard of living (Article 25, UDHR and SDG 11). It becomes noteworthy to see the manner in which these rights are provided in constitutions of different countries. Even when these rights find the place in the constitution it is not mandatory on the states to provide them in their respective jurisdiction. This is one such case which can be seen reflected in the constitution of India. Article 43 imposes a duty on the state to provide adequate standard of living but such a duty is not enforceable in court of law. Such rights find place only in directive principle of state policy which are not enforceable in court of law. Hence the right depends on the wishes and economic capacities of the state. Also it becomes relevant to address the manner in which judiciary protects such constitutional guarantees. As, we can see that many of these rights become a far-fetched dream for the citizens, the author strongly believe that understanding such issues from the comparative perspective would provide several benefits, including sensitising the stakeholders. Therefore, the authors would elaborate a comparative study with the perspective of India.
Keywords: liberty, equality, standard of living, dignity, human right.
JEL Classification:K25, K38
Page 371 - Lecturer Lucian-Sorin STĂNESCU
20. INTRODUCTION TO THE EPISTEMOLOGY OF LEGAL RESPONSIBILITYAbstract:According to the renowned theorist I. Craiovan, the knowledge of law cannot be situated in the contemporaneity outside the tendencies manifested in science where there are connections, interferences, transfers of concepts, methods and techniques that receive an important role in approaching the legal phenomenon and, consequently , Theory of Law, as a synthetic legal science, appeals to epistemology because: "the idea of examining by itself the activity of knowledge of law can first give the means of progress of the science of law, to improve knowledge of this phenomenon." The epistemological approach of the legal responsibility system in the methodological scheme we proposed involves, first, establishing the epistemological status of legal responsibility in the General Theory of Law and in the branch legal sciences in order to extract its epistemic features. Secondly, the study aims to reveal, for the first time, the systemic properties that legal responsibility develops as a subsystem of the great system of law, and thirdly, to discuss the conceptual changes it causes in the General Theory of the issue of legal responsibility of intelligent non-human entities, the ultimate goal being to support the epistemological status of structural concept of legal responsibility that we have promoted in the scientific field in our previous works by completing the definition we gave to this concept.
Keywords: knowledge of law, epistemological status of legal liability, systemic properties of legal liability, legal liability of intelligent non-human entities.
JEL Classification:K40, K42
Page 380 - Lecturer Aurel Octavian PASAT
21. THE CRIME OF DOMESTIC VIOLENCE. ASPECTS OF COMPARATIVE LAWAbstract:Domestic violence is a set of actions that raise several questions about their legal nature, giving rise to theoretical disputes that have been quite insistent. Domestic violence being one of the most widespread crimes, imposes a certain degree of tolerance towards this anomaly, indicating it as a normal fact that throughout history has always been with cultural development. This crime is based on traditions, customs and mentalities where the superiority of the man over the woman is accentuated. It is any harmful, emotional, physical act that takes place between family members. It is an abusive behavior, intentionally determined to demonstrate power and supremacy, but also to affect the emotional, physical state of the victim through humiliation, total control or damage to integrity. The topic brought to attention proposes the analysis of domestic violence from the point of view of the criminal side, as an anomaly, a crime that tends to achieve perhaps the most important social value, the family, as a social cell, but also from a historical perspective in terms of historical culture and trends. human beings that have had a wide evolution during different historical periods, but also in general aspect as an element that is transmitted from generation to generation.
Keywords: domestic violence, crime, victim, legal nature, harmful act.
JEL Classification:K14, K33
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