The dysfunctional character of the privatization through the method of negotiation Cover Image

Disfuncţionalităţi ale privatizării prin metoda negocierii
The dysfunctional character of the privatization through the method of negotiation

Author(s): Fusea Sorin
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic

Summary/Abstract: The absence of clear rules in tackling post-privatization problems has not allowed the uniform application of the procedures for guaranteeing the investment obligations. The real estate guarantee contracts with public authorities have allowed the investors to use as warranties the assets (estate values) passed on by the seller. Considering as sole warranty for the privatization process the stock packages passed on to the buyer at a symbolic price, established through negotiation, the public employees involved in this process have set out the grounds for some tensioned circumstances, often solved by legal means such as court laws or arbitration. The foreign investors’ trust in the Romanian business environment has been undermined precisely by the lack of transparency and the even application of privatization laws.

  • Issue Year: 2008
  • Issue No: 2
  • Page Range: 82-103
  • Page Count: 22
  • Language: Romanian
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