Doctrina et Usu in Business Law. Contributions to the 12th International Conference „Challenges of Business Law in the Third Millennium”, November 25, 2022, Bucharest
Doctrina et Usu in Business Law. Contributions to the 12th International Conference „Challenges of Business Law in the Third Millennium”, November 25, 2022, Bucharest
Contributor(s): Tomáš Peráček (Editor), Fátima Castro Moreira (Editor)
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law, Law on Economics, EU-Legislation, Commercial Law, Comparative Law, Administrative Law, Labour and Social Security Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: business law; public law; private law; international law; comparative law;
Summary/Abstract: This volume contains the scientific papers presented at the Twelfth International Conference „Challenges of Business Law in the Third Millennium” that was held on 25 November 2022 in online format on Zoom. The conference is organized each year by the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into three chapters: Business Interactions Specific to Public Law; Private Law and Business Law, an Essential Duo; Modern Developers of Business Law: International Law and European Union Law. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.
- E-ISBN-13: 978-606-95351-6-5
- Page Count: 380
- Publication Year: 2023
- Language: English
Interferences of State Administration with Local Self-Government in the Promotion of Local Affairs in the Light of the Administrative Code
Interferences of State Administration with Local Self-Government in the Promotion of Local Affairs in the Light of the Administrative Code
(Interferences of State Administration with Local Self-Government in the Promotion of Local Affairs in the Light of the Administrative Code)
- Author(s):Verginia Vedinas, Ioan Laurenţiu Vedinaş
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:12-19
- No. of Pages:8
- Keywords:central level; local level; central public administration; local public administration; prefect; loyal collaboration; principles; relations; institutions;
- Summary/Abstract:The study is based on the premise that the activity of promoting local affairs and their effective implementation requires and presupposes collaboration and even cohabitation between the actions of the state administration and those carried out by the local public administration with autonomous character. From this perspective, the study aims to identify the principles governing relations between the two levels of administration, that of the central system and that of the territorial level, the principles governing these relations, and the institutional framework through which they take place. The approach is based on the constitutional provisions and those of the Administrative Code, and the conclusion is that it is necessary to understand the reality that the development of each administrative-territorial unit and area of the country, whether smaller or larger, is inextricably linked to the proper functioning of cooperation between the central and local/county levels.
Considerations Relating to the Termination of Criminal Action during Criminal Prosecution through Classification
Considerations Relating to the Termination of Criminal Action during Criminal Prosecution through Classification
(Considerations Relating to the Termination of Criminal Action during Criminal Prosecution through Classification)
- Author(s):Carmen Silvia Paraschiv
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:20-30
- No. of Pages:11
- Keywords:criminal process; criminal action; prosecution; sanctioning; moments; setting in motion; exercise; extinguishment; criminal prosecution; classification; judgment;
- Summary/Abstract:The criminal action manifests concretely only when the crime was committed, and the conflict of criminal law arising from the commission of the anti-social act, is brought for resolution in a criminal trial. The prosecution activity represents the legal means by which the perpetrator is criminally sanctioned. The criminal action is personal because the criminal responsibility is personal, which requires a causal link between the person who is to be held criminally responsible (participant) and the committed act. The criminal action can be extinguished both in the criminal prosecution phase and in the trial phase (art. 17 CPP, art. 314-319 CPP, art. 396 CPP).
Digital Economy Law a Reality Manifested in Legal Reports of Production, Commerce, Services and Public Administration
Digital Economy Law a Reality Manifested in Legal Reports of Production, Commerce, Services and Public Administration
(Digital Economy Law a Reality Manifested in Legal Reports of Production, Commerce, Services and Public Administration)
- Author(s):Manole Decebal Bogdan
- Language:English
- Subject(s):Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, Public Administration, Law on Economics, ICT Information and Communications Technologies, Administrative Law
- Page Range:31-39
- No. of Pages:9
- Keywords:artificial intelligence law; the right of the digital economy; digitalization of society; law and digitization;
- Summary/Abstract:Online transactions are a certainty of the moment in all social and economic fields. Digital economy has been part of everyday normality for a long time. The legislation that regulates legal relations is not updated and there is no clear perspective by which to confirm the imposition of "digital economy law" in society. The acts of commerce, services, and production in which the digital society participates (hard, software, networks and augmented reality) develop, in themselves, a number of legal subjects and a large palette of contractual or tortious civil responsibilities that do not have a clear regulation. Through this research, we are trying to launch a current and forward-looking topic to the public professional debate to lay the foundations for the "Digital Economy Right". The research methods used are observation of flows and case studies of "artificial intelligence" used through software in the private and public economy; reporting of legal subjects involved in legal relations to the legal norm. The implications of the study are relevant for the whole society, but also for legal professionals. The results constitute benchmarks for the debate and drafting of the future legal norms necessary to harmonize the international legislation of classical law with the law of artificial intelligence.
Considerations on the Meaning of the Notion of “Public Official” as a Feature of the Content of the Offence of Outrage
Considerations on the Meaning of the Notion of “Public Official” as a Feature of the Content of the Offence of Outrage
(Considerations on the Meaning of the Notion of “Public Official” as a Feature of the Content of the Offence of Outrage)
- Author(s):Victor Andrei Cărcăle
- Language:English
- Subject(s):Criminal Law, Administrative Law
- Page Range:40-46
- No. of Pages:7
- Keywords:public official; offence of outrage; public office; decision-making officials;
- Summary/Abstract:The particular importance of the correct legal classification of the various criminal acts considered by law as incriminations often requires, in the interest of strict compliance with the legality of incrimination and criminal law sanctions, the determination of the exact meaning of certain notions expressing the various specific features of the content of offences. Such a clarification of the terms of the law is likely, on the one hand, to lead to a fair delimitation of the scope of criminal law, to a precise definition of the scope of criminal wrongdoing and, on the other hand, to ensure uniform application of criminal law by the competent judicial bodies in criminal proceedings. In our criminal law, the need for such a definition arose, inter alia, in connection with the meaning of the concept of "public official" - as a specific feature of the content of the offence of insult (Article 257 of the Criminal Code) - following the adoption of the new Criminal Code.
The Third Way: Social Economy and the Role of the State in This Context
The Third Way: Social Economy and the Role of the State in This Context
(The Third Way: Social Economy and the Role of the State in This Context)
- Author(s):Cristian Dumitrescu
- Language:English
- Subject(s):Law and Transitional Justice, Governance, Law on Economics
- Page Range:47-54
- No. of Pages:8
- Keywords:social economy; state; circular economy; financial crisis; migration; European Commission; action plan; trust;
- Summary/Abstract:From the perspective of economic development, states of crisis are absolutely necessary to temper consumption excesses and thus avoid the too rapid depletion of resources. In other words, economic crises reconcile people’s needs and desires with the real possibilities of satisfying them in a certain historical period. Some analysts go even further by stating that periodic recessions avoid or postpone much more serious planetary crises: the depletion of basic natural resources, ecological catastrophes, large-scale climate imbalances. Recession periods force humanity to a critical attitude, self-assessment of lifestyles, restructuring of the economy, searches for new solutions in science and technology, sometimes even resettlement or modernization of social and institutional structures.
Practical Issues Regarding Compliance with Decision-Making Transparency by Local Public Authorities
Practical Issues Regarding Compliance with Decision-Making Transparency by Local Public Authorities
(Practical Issues Regarding Compliance with Decision-Making Transparency by Local Public Authorities)
- Author(s):Mădălina-Elena Mihăilescu
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Administration, Public Law, Administrative Law
- Page Range:55-66
- No. of Pages:12
- Keywords:authority; decisional transparency; citizens; projects; rights;
- Summary/Abstract:The transparency of the activity in the public administration is a sine qua non condition for the observance of fundamental citizen rights, ensuring, at the same time, the involvement of the ordinary citizen in the decision-making process. This article will try to analyze some of the situations in which local administration authorities have clearly violated the provisions of Law no. 52/2003 or Law no. 544/2001, restricting the right of citizens to take cognizance of certain draft normative acts regarding important issues related to the good running of the community, free access to various public information or aspects related to training, administration, and the use of local public funds. At the same time, we will highlight the availability of local authorities from Galați, Buzău or Brăila to ensure through their websites access to the annual activity and the involvement of these authorities in economic, social or cultural activities.
The Crime of Money Laundering Committed by the Author of the Principal Crime. The Consequences of Decriminalization
The Crime of Money Laundering Committed by the Author of the Principal Crime. The Consequences of Decriminalization
(The Crime of Money Laundering Committed by the Author of the Principal Crime. The Consequences of Decriminalization)
- Author(s):Cristinel Ghigheci
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:67-82
- No. of Pages:16
- Keywords:money laundering; confiscation; appeal to execution; criminal law;
- Summary/Abstract:By Decision of the Constitutional Court of Romania no. 418 of 19.06.2018, it was ruled that the author or co-author of the main crime, the accomplice or instigator of the main crime (delictum principale), from which the dirty money comes, cannot be an active subject of the crime of money laundering (delictum subsequens), when the latter crime is committed in the normative version of acquiring, holding or using money or assets. After the pronouncement of this decision, some courts found that the committed act is decriminalized, without analyzing whether the concrete act for which the author was convicted falls under another normative variant of the crime of money laundering. The study analyzes if this is possible in the procedural framework of the appeal to execution in criminal matters. The issue is important because the rejection of the appeal to execution, on the grounds that the act falls under another variant of the crime of money laundering, has no consequence on the order to confiscate the proceeds of the crime.
The Economic as a Configuration Factor of the Law
The Economic as a Configuration Factor of the Law
(The Economic as a Configuration Factor of the Law)
- Author(s):Iulia Boghirnea
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics
- Page Range:83-93
- No. of Pages:11
- Keywords:configuration factor; real or material sources of law; economic; natural framework; economic crisis;
- Summary/Abstract:Where does the legislator receive the command to create legal norms? It is a question that finds its answer in the social, economic, cultural reality, etc. Law is a result of an evolution of filtering and valorization, over time, of the most important social relations. In this paper, we propose to shed light on the economic, as a factor in the configuration of law, in the context of the economic crisis determined by the Covid 19 pandemic. As a result of the restrictions imposed on the freedom of movement of people, the issue of the real danger that impacted public health was raised, which is why they were imposed, on a normative level, by the regulation of the green certificate.
Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes
Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes
(Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes)
- Author(s):Delia Magherescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Law on Economics, Court case
- Page Range:94-113
- No. of Pages:20
- Keywords:criminal proceedings; due process; defendantʼs rights; economic cases; right to remain silent;
- Summary/Abstract:By definition, the criminal proceedings are a process of legality, where both the parties and the main processual subjectsʼ procedural rights and legitimate interests are subordinated to the other judicial principles the legality of criminal proceedings is based on. The concept of due process, established by the European Council, is part of the legality of criminal proceedings, whose rules arise both from the provisions of the European Convention of Human Rights and from the jurisprudence of the European Court on Human Rights as well. Thus, it means the European institutionʼs vocation, as a supranational forum. In the current paper, the essential issues regarding the concept of fair trial, as it is viewed from the perspective of the defendantʼs right to remain silent exercised in cases of economic crimes are approached. The aspects of both jurisprudence and doctrine regarding the defendantʼs right to remain silent in criminal proceedings, as well as the other connected procedural institutions of criminal cases have been analysed. The results obtained during the conceptual research activity are provided at the end of the paper, whose conclusions are pertinently argued, specific in the matter of respecting the defendantʼs right to remain silent.
Tax Consolidation in the Direct Corporate Tax System
Tax Consolidation in the Direct Corporate Tax System
(Tax Consolidation in the Direct Corporate Tax System)
- Author(s):Florentin-Gabriel Nanu
- Language:English
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Law on Economics
- Page Range:114-128
- No. of Pages:15
- Keywords:tax consolidation; consolidated tax result; tax group; corporate income tax; tax loss;
- Summary/Abstract:The objectives of the study are to analyze the advantages and disadvantages of tax consolidation in the field of corporate income tax. It is also important to highlight the rationale for tax consolidation and the possible legislative improvements that are needed to achieve the aim pursued by the legislator. The main research tools were the legal provisions on tax consolidation, the literature analyzing and interpreting this field, and the identification of conclusions from the specific practice of taxpayers who have encountered problems, have asked the same questions or perhaps have found the answers necessary for this research. This mechanism provides both administrative and financial advantages for affiliated companies that must file a single group return, calculate taxable bases and taxable profits in a uniform way, avoiding both compliance costs and the risk of double taxation of the same taxable profit. However, the legislator has not succeeded by this regulation in removing the obligation for affiliated companies that are part of the consolidated tax group to draw up the transfer pricing file, which remains a financially burdensome obligation for affiliated companies. The implications of the study are both theoretical and practical. The topic aims to analyze a modern tax mechanism. On the other hand, group companies will be able to see the advantages of joining a consolidated tax group, which at first sight represents a tax "merger" of affiliated companies.
Extradition. Comparative Analysis
Extradition. Comparative Analysis
(Extradition. Comparative Analysis)
- Author(s):Aurel Octavian Pasat
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Comparative Law
- Page Range:129-143
- No. of Pages:15
- Keywords:extradition; comparative analysis; international cooperation; crime;
- Summary/Abstract:The relevance of the analysis of the issues of the institution of extradition is determined by the need to improve international cooperation in combating crime, expand its scope, apply an integrated approach to interstate cooperation in such a legal segment. As the analysis of the current trends in the development of extradition shows, its restructuring can modernize the legal institution in question, adapting it to the latest conditions in the fight against international crime. In order to achieve the proposed goal, the substantive conditions of extradition in the legislation of the Republic of Moldova were analyzed, in particular to subject to the analysis the conditions regarding the person, through the lens of the comparative analysis of the legislation of the Republic of Moldova and Romania in the context of the non-extradition of one's own citizens, as well as the conditions regarding the fact, in the context of the analysis of the general principles of extradition; to subject the extradition procedure from/to the Republic of Moldova to the comparative analysis with the active/passive extradition procedure in Romanian legislation.
The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code
The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code
(The Constitutional Regime of Economic Freedom. Its Reflection in the Administrative Code)
- Author(s):Teodor Narcis Godeanu, Iulia Nistor
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Law on Economics, Administrative Law
- Page Range:144-150
- No. of Pages:7
- Keywords:economic freedom; Constitution; public administration; public administration authorities; business environment; Administrative Code;
- Summary/Abstract:This study analyzes, as its title suggests, the constitutional regime of economic freedom, regulated by art. 45 of the Constitution, following the changes it underwent through the revision of Law no. 429/2003. It is qualified to represent freedom from the first generation and is considered, along with the private property, the market economy foundation. Therefore, the constituent legislator placed them one after the other, and by art. 135 para. (1) guaranties the market character of the economy. We perform the analysis by referring to the Administrative Code, which also contains implicit or express provisions regarding economic activity, this aspect representing, in many situations, a result of economic freedom.
Contractual Risks in Robotic Process Automation (RPA) Projects
Contractual Risks in Robotic Process Automation (RPA) Projects
(Contractual Risks in Robotic Process Automation (RPA) Projects)
- Author(s):Iulia Daniela Postolea, Constanţa-Nicoleta Bodea
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice
- Page Range:151-162
- No. of Pages:12
- Keywords:RPA; RPA projects; contractual risks; contractual liability; financial losses;
- Summary/Abstract:In a time of paradigm changes redefining the meaning of "work" concept and the way work is carried out, the processes automation became not only widespread but also necessary and efficient. These changes are supported by the usage of the software robots. The Robotic Process Automation (RPA) projects implement process automation solutions that might be used for different processes that involve repetitive tasks and indispensable, even if they do not have a significant added value per see. The initiation of this type of projects must take into consideration not only the benefits that might be achieved, but also the potential financial losses, due to contractual imperfections or/ and the defective results of robots’ performance. In this paper, the authors identify the contractual typologies applicable to RPA projects and evaluate the contractual elements that have the potential to cause financial losses as well as proposals for mitigating the identified risks. We consider that the paper covers a gap identified in the literature.
Legal Professionals’ Effectiveness as Anti-money Laundering “Gatekeepers”
Legal Professionals’ Effectiveness as Anti-money Laundering “Gatekeepers”
(Legal Professionals’ Effectiveness as Anti-money Laundering “Gatekeepers”)
- Author(s):Todor Kolarov
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law, Law on Economics
- Page Range:163-174
- No. of Pages:12
- Keywords:lawyers; money laundering “red flags”; beneficial owner; DNFBPs; money laundering “gatekeepers”;
- Summary/Abstract:The article strives to contribute to the discussion on the topic of the role of Designated Non-Financial Businesses and Professions (DNFBPs) in preventing criminal funds from entering the financial system. Based on empirical data harvested from a target group of lawyers and notaries from three European Union (EU) member states (MS), namely Bulgaria, Italy and Spain, it applies the inductive method to draw conclusions on the strengths of this “gatekeeper” group in detecting money laundering (ML) “red flags” and identifying the ultimate beneficial owner. The conclusion from this empirical analysis is that lawyers and notaries are reasonably effective in detecting ML “red flags”, while encountering difficulties when it comes to more complex ML schemes. They face challenges in the identification of ultimate beneficial owners. The originality and value of this paper lies in its assessment of effective application of legal professionals’ “gatekeeper” responsibilities. It argues that legal profession has the responsibility to improve further its AML capabilities. At the same time, in setting the direction for improvement of the AML regime, the legislator also has a role to play in addressing some of the challenges yet avoiding overwhelming the legal profession with red tape.
Considerations on the Company’s Name and the Trademark as Parts of the Trade Fund
Considerations on the Company’s Name and the Trademark as Parts of the Trade Fund
(Considerations on the Company’s Name and the Trademark as Parts of the Trade Fund)
- Author(s):Cristina Cojocaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law
- Page Range:175-181
- No. of Pages:7
- Keywords:Romanian commercial law; trade fund; company’s name; trademark;
- Summary/Abstract:The identification attributes of a company belong to its trade fund and are mandatory for the registration and development of the activity. Sometimes these elements borrow characteristics, but they must be used within the limits established by the legal provisions. The recent decision of the High Court of Cassation and Justice no. 104 of 25 January 2022 brings into focus the company’s name and the trademark as indispensable elements for conducting commercial activity, as well as the conditions for using the company’s name as a trademark. Without attempting to treat the subject exhaustively, the article highlights some of the most important aspects of the identification attributes from the perspective of corporate laws.
The Particularities of the Exception of Unconstitutionality Invoked by Legal Persons before Courts of Judges or Commercial Arbitration Courts from Romania
The Particularities of the Exception of Unconstitutionality Invoked by Legal Persons before Courts of Judges or Commercial Arbitration Courts from Romania
(The Particularities of the Exception of Unconstitutionality Invoked by Legal Persons before Courts of Judges or Commercial Arbitration Courts from Romania)
- Author(s):Ana-Daniela Bobaru
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Court case
- Page Range:182-194
- No. of Pages:13
- Keywords:exception of unconstitutionality; legal persons; court; commercial arbitration; Constitutional Court;
- Summary/Abstract:The paper addresses the specific aspects of the exception of unconstitutionality promoted by legal persons before the courts of judges or commercial arbitration courts from Romania, with the objectives of highlighting and analyzing the particularities of this type of control exercised by the Constitutional Court, scientific research based on the principle of the relationship between different methods, procedures and investigative techniques. The methodological foundation of the study is the theory of knowledge, numerous sources being used (university courses, scientific articles, legislation and jurisprudence). In addition, the logical analysis is permanently used in the content of the study, concretized by applying the procedures of analysis and synthesis, deductive reasoning, the method of comparative analysis, used to highlight the particularities of the exception of unconstitutionality, the quantitative method, used to study and systematize the normative base and doctrinal, as well as the systemic method, indispensable in researching the constitutional and legal norms specific to the topic. The results of the study bring a real contribution to the deeper knowledge of one of the competences of the Constitutional Court in Romania, of the specific legislative and jurisprudential framework, as well as applicative value, constituting an informative support for bachelor's, dissertation and doctoral theses, material for the improvement of teaching staff university and researchers in the field, magistrates, arbitrators, but also other legal professions (lawyers, legal advisers, clerks).
Challenges in Approaching the Contemporary Concept of Legal Security Determined by the Imperative to Respect Fundamental Rights in the Context of Complex Crises
Challenges in Approaching the Contemporary Concept of Legal Security Determined by the Imperative to Respect Fundamental Rights in the Context of Complex Crises
(Challenges in Approaching the Contemporary Concept of Legal Security Determined by the Imperative to Respect Fundamental Rights in the Context of Complex Crises)
- Author(s):Aida-Diana Dumitrescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics
- Page Range:195-206
- No. of Pages:12
- Keywords:juridical security; fundamental rights; liberties; crise; energy; Covid;
- Summary/Abstract:The complexity of present challenges requires a quick and appropriate adaptation of the security concept on all levels and in this context this study is revealed as a necessity and it is capable to provide essential information for developing complex security strategies, under the need of respecting fundamental rights and freedoms. The vulnerabilities, threats and risks identified on legal security, belong in fact to the security itself and have to be analyzed, anticipated and mitigated as much as it is possible. Highlighting the characters of the domain (complexity, dynamics and interdisciplinarity) the material present the evolution of ”legal security” on the practice of the European Court of Human Rights and put into discussion the risks and vulnerabilities of legal security (excessive standardization, inconsistent of practice and legislation) including their concrete consequences in the business field.
Critical Analysis of the Law No. 151/2015 Regarding the Personal Insolvency Proceedings
Critical Analysis of the Law No. 151/2015 Regarding the Personal Insolvency Proceedings
(Critical Analysis of the Law No. 151/2015 Regarding the Personal Insolvency Proceedings)
- Author(s):Adriana Deac
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, General Reference Works, Law on Economics, Source Material, EU-Legislation, Commercial Law, Comparative Law
- Page Range:207-222
- No. of Pages:16
- Keywords:insolvency; debtor; natural person; insolvency proceedings; Law no. 151/2015; Law no. 85/2014; EU Regulation 848/2015; good faith; assets; the insolvency commission; the judicial administrator;
- Summary/Abstract:The work aims to offer an objective, even critical analysis of Law no. 151 of 20152 regarding the insolvency of natural persons. This regulation, entered into force on 01.01.2018, ̋celebrates ̋ 5 years of application, which is why I approached this topic with the intention of a general analysis of the provisions of the Insolvency Law of natural persons and to offer my own conclusions regarding this topic. I will analyze, in the first part of the paper, the general provision regarding the notion of insolvency, the conditions imposed by law for the initiation of this procedure, as well as the options that Law no.151/2015 makes available to the insolvent debtor depending on his legal situation. In the second part of the paper, I will analyze a series of debatable aspects that the law refers to, and I will assess the usefulness and opportunity of their regulation. The conclusions will try to offer some legislative proposals that will make this law more well-known and approachable for natural debtors in a state of insolvency. Carrying out the scientific approach, I will use different methods of interpretation, starting from the grammatical one and reaching the method of quantitative and comparative analysis.
The Notary Public - An Important Pawn in the Development of the Entrepreneurial Environment In-Depth Analysis of Real Estate
The Notary Public - An Important Pawn in the Development of the Entrepreneurial Environment In-Depth Analysis of Real Estate
(The Notary Public - An Important Pawn in the Development of the Entrepreneurial Environment In-Depth Analysis of Real Estate)
- Author(s):Nicoleta-Raina Geamalinga
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, Law on Economics, ICT Information and Communications Technologies, Commercial Law
- Page Range:223-240
- No. of Pages:18
- Keywords:entrepreneurial environment; business law; digitalization; notary public; real estate;
- Summary/Abstract:At the beginning of the third millennium, the business environment is undergoing unprecedented developments, largely due to the many events facing humanity - the COVID-19 pandemic, war, the rapid transition to renewable energy, economic globali-sation and the emergence of multinationals - thus accelerating digitisation. Digitisation in the business environment involves the use of tools and technologies that make work more efficient, create new business 'patterns', but at the same time requires an appropriate legislative framework. The legal "industry" is faced with the challenge of finding legislative solutions to bridge the gap between the entrenched realities of the entrepreneurial environment and the digital future of business. And this extremely difficult task falls to a large extent to legal practitioners, among whom an important position is occupied by the notary public, especially in the field of real estate. Real estate is inextricably linked to the notary public. The notary public must be able to act as a temporal portal between the established practice of real estate transactions and digital real estate transactions. At the same time, the notary public must rethink the methods of application of the various institutions of civil law in order to guarantee the safety and security of each party involved.
Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders
Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders
(Minority Protection - Interferences in Business Law from the Perspective of the Rights of Minority Shareholders)
- Author(s):Mihaela-Naziana Bucă (Gîdei)
- Language:English
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Law on Economics, Ethnic Minorities Studies, Commercial Law
- Page Range:241-256
- No. of Pages:16
- Keywords:minority protection; autonomy rights; participation rights; dividends; the right to vote; the right to information;
- Summary/Abstract:This article analyzes the rights of minority shareholders from the perspective of the existence of minority protection. The objectives pursued through this article can be summed up in the idea of protecting minority shareholders. Being a controversial subject both at the level of doctrine and judicial practice, we will try to find the best solutions and look at the rights of minority shareholders as a weapon that shareholders have at hand in order to effectively protect them. In the realization of this work, we will use various materials, from monographs, theses to solutions given by the courts regarding this issue. We will refer to both Romanian and European legislation. We will try to classify the rights that minority shareholders can have into two more categories by referring to the idea of freedom and protection of minority shareholders. Thus, we will have autonomy rights: the right to dividends, the right to transfer shares, the right to the due share of the liquidation of the company and participation rights: the right to participate in the General Assembly, the right to request the convening of the General Assembly, the right to vote, the right to information.
Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment
Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment
(Adherence to the Principle of Proactivity to Ensure a Healthy Competitive Environment)
- Author(s):Manuela Niță
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law, Administrative Law
- Page Range:257-268
- No. of Pages:12
- Keywords:proactivity; cartel; abuse of dominant position; anti-competitive practice;
- Summary/Abstract:The frequency of the infrigement of competition rules by committing anti-competitive practices, led the competition authorities, both national and European, to identify both measures to prevent possible anticompetitive practices and measures to identify and sanction such serious deviations from normal conduct, healthy in business. In the field of competition, we find a rich legislative package, but practice has shown that beyond normativity, in order to be effective, a proactive attitude of companies is also needed, and in this study, we proposed to realise a depth analisys regarding this isuess. The principle of proactivity in the matter of competition is neither promoted nor respected enough, as is natural, so that companies in their actions refrain from any action/inaction that could endanger the competitive market. In our research, we want to show the concrete ways in which this principle is respected, who is competent for its application and what are the effects on the competitive environment. We will also show what is the role of the competent authority and its degree of involvement in this issue, identifying possible solutions that could be implemented to give added value to this principle.
Risk Assessment for Power Purchase Agreements as a Tool for Promoting Green Energy
Risk Assessment for Power Purchase Agreements as a Tool for Promoting Green Energy
(Risk Assessment for Power Purchase Agreements as a Tool for Promoting Green Energy)
- Author(s):Adrian D. Tanţău, Elena Niculescu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice, Law on Economics, Commercial Law
- Page Range:269-280
- No. of Pages:12
- Keywords:power purchase agreement; risk assessment; renewable energy; green energy; force majeure;
- Summary/Abstract:In a world where the climate neutrality commitments is increasing and the states are starting to take serious measures regarding the achievement of a zero carbon economy and the stopping of pollution, renewable power purchase agreements can be a very suitable solution for reaching these targets. Although we can see an improvement of the demand of these contracts, the energy market has some gaps, especially from a legislative point of view. The goal of this research is to identify and analyse the risks that may occur in the performance of the PPAs as a tool for promoting green energy. For this research there are used the comparative analysis and survey based on questionnaires completed by different categories such as producers, financial and energy experts, industrial and small consumers. The article reduces the gap regarding the understanding of the associated risks of the PPA, on one side, ans on the other side it tries to find the most suitable way in which these could be divided between the parties in the contract. The results suggest that although there have been made some changes in the legal framework regarding these types of contracts, there is still place for improvement, the lack of confidence in the law being the main factor that leads to the hesitation to enter in such contractual relations non-legislation or insufficient legislation of the PPA representing one of the risks most often assumed by the parties. The implications of the study are at the theoretical level: approaching a little-studied topic in the context of the development of some legal frameworks in order to promote green energy, clarification of some theoretical aspects regarding the assumption of contractual risks.
Digital Identity as the Element of Concept of Service-Oriented State
Digital Identity as the Element of Concept of Service-Oriented State
(Digital Identity as the Element of Concept of Service-Oriented State)
- Author(s):Vira Tokareva
- Language:English
- Subject(s):Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, Law and Transitional Justice, Public Administration, ICT Information and Communications Technologies, Administrative Law
- Page Range:281-301
- No. of Pages:21
- Keywords:digital identity; digital self; e-government; e-service; digital profile (account);
- Summary/Abstract:The aim of this paper is to consider the digital identity as a key element of the service-oriented state (e-governance). In the first section the background of developing the service-oriented state in the EU and Ukraine are discussed. It has been established that with the spread of Covid-19, The Government of Ukraine declared on course towards of paperless public services. Due to the full-scale escalation of conflict between the Russian Federation and Ukraine on February 24, 2022, the Government of Ukraine speed- up the processes of transforming public administrative services into e-services. Digital identity is supposed to be one of the elements of e-governance alongside with remote identification (biometric authentication), the digital money, secure payments and online banking etc. In the second section the category of digital identity and close related categories are revealed. The differences between digital identity, digital profile (account), avatar and electronic entity are proved. On the basis of the conducted research, the features and constituent elements of digital identity were determined and proposals were developed to improve the legislation in Ukraine. The necessity to study the digital identity as the essential component of service-oriented state, online banking, e-commerce and in light of the War in Ukraine and seeking way of renovation legislation is founded.
Irregularities in the Granting of Preferential Customs Origin Found during the a Posteriori Control
Irregularities in the Granting of Preferential Customs Origin Found during the a Posteriori Control
(Irregularities in the Granting of Preferential Customs Origin Found during the a Posteriori Control)
- Author(s):Florin Tudor
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Court case
- Page Range:302-310
- No. of Pages:9
- Keywords:origin; tariffs; facilitate; irregularity; fraud; cooperation;
- Summary/Abstract:The negotiation of multilateral trade agreements has been a priority for the EU, even if the mechanism for revising them, in the context of waves of accession of new member states, has become far from an easy mission for the Commission and the Council. The common commercial policy responds to the needs of companies in the European Economic Area that request the granting of preferential tariff treatment for a series of products originating from third states whose traders have often violated the provisions of agreements/conventions regarding the facilitation of the exchange of goods. This research, having as its method, mainly, the comparison of some legal systems, their institutions, and norms, proposes to identify the methods by which the administrative authorities can identify irregularity and customs fraud when goods cross the customs border of the EU and eliminate the risk of their release for free circulation and their entry into the civil circuit.
Legal Regime of Competition in Audiovisual. Comparative Aspects
Legal Regime of Competition in Audiovisual. Comparative Aspects
(Legal Regime of Competition in Audiovisual. Comparative Aspects)
- Author(s):Ovidiu Horia Maican
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Commercial Law, Comparative Law
- Page Range:311-324
- No. of Pages:14
- Keywords:competition; audiovisual; Romania; European Union; legislation; harmonization;
- Summary/Abstract:The exercise of competition in the audiovisual field is closely linked and cannot be separated from the maintenance and expansion of pluralism in the mass media field. Media pluralism has a crucial role for the democratic process within the community space. The European Union is determined to protect media pluralism to the same extent as the right to information and freedom of expression. As an expression of these realities, the European Commission elaborated in 1984 a Green Paper on the creation of a Common Market in the field of radio and television, and in December 1992 a Green Paper on media pluralism and concentration within the internal market. Reports in this sense were developed by the European Parliament and the Council of Europe. The application of competition legislation in the audiovisual field plays an important role not only in preventing the creation of a dominant position or the abuse of a dominant position, but also in ensuring the access of new competitors (competitors) to the market. Thus, pluralism is ensured, both in the traditional television markets and for the new markets.
The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority
The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority
(The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority)
- Author(s):Laura Magdalena Trocan
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Maritime Law
- Page Range:325-336
- No. of Pages:12
- Keywords:International Seabed Authority; Enterprise; international seabed area; mineral resources; polymetallic nodules;
- Summary/Abstract:The problems raised, over time, by the exploration and exploitation of the resources of the seas and oceans have brought in the forefront of the interests of the states, the need to establish precise regulations, as well as the creation of an adequate institutional framework, a fact materialized at the entry into force of the United Nations Convention on the Law of the Sea, which has the merit of regulating all maritime spaces and outlining the legal framework for the establishment of the International Seabed Authority, the only international organization through which the activities in the international seabed area - declared the common heritage of humanity, are organized and controlled in order to administer and manage its resources, for the benefit of all humanity. The Enterprise is the operational body of the Authority, through which, this unique international organization, has the opportunity to directly carry out activities of exploration, exploitation, transport and treatment of minerals extracted from the international seabed area, becoming, at the moment of operationalization, a true industrial and commercial public service on a global scale. In this context, this study wants to make a presentation (using scientific methods such as: analytical, historical, comparative method etc.) of the legal regime and the role of the Enterprise, as the main body of the Authority, in the light of the provisions of the United Nations Convention on Law of the Sea.
General Jurisdiction in Civil and Commercial Matters of the Romanian Courts to Resolve Disputes with Foreign Elements under Another State of the European Union
General Jurisdiction in Civil and Commercial Matters of the Romanian Courts to Resolve Disputes with Foreign Elements under Another State of the European Union
(General Jurisdiction in Civil and Commercial Matters of the Romanian Courts to Resolve Disputes with Foreign Elements under Another State of the European Union)
- Author(s):Alexandru Cristian Roșu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, Commercial Law, Court case, Comparative Law
- Page Range:337-341
- No. of Pages:5
- Keywords:General Jurisdiction; jurisdictional power; legality of enforcement; disputes with an element of foreignness;
- Summary/Abstract:Jurisdiction is the ability established by law in favor of an authority to resolve a particular dispute that arises between two or more subjects of law. Outside the courts, the settlement of disputes can be carried out by several jurisdictions, some national and others carried out by bodies with jurisdictional powers, this solution being imposed by the specialization of certain disputes but also by the relief of the courts.
Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union
Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union
(Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union)
- Author(s):Cătălin Lungănașu
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case
- Page Range:342-364
- No. of Pages:23
- Keywords:objection to enforcement; consumer; unfair terms; admissibility; bail;
- Summary/Abstract:The present study aims to present the peculiarities of invoking unfair terms in the conditions in which the contract becomes an enforceable title and the consumer acquires the status of a foreclosed debtor. In such a circumstance, different institutions of substantive and procedural law both become incidents, without, however, being a full timing. Moreover, certain inconsistencies are felt throughout the legal context in the light of the case-law of the Court of Justice of the European Union and the principle of the priority application of European law. As a result, without exhausting the subject, the present research analyzes the specifics of the incidental sanction in the case of finding the unfairness of the contract terms both depending on the evolution of the national legislation specific to the challenge to enforcement and through references to the recent judgments of the CJEU.
Travel Agency Contract in the HoReCa Field in the European Union
Travel Agency Contract in the HoReCa Field in the European Union
(Travel Agency Contract in the HoReCa Field in the European Union)
- Author(s):Ioana Nely Militaru, Laura Ramona Nae
- Language:English
- Subject(s):Economy, Law, Constitution, Jurisprudence, Law on Economics, Tourism, Commercial Law, Comparative Law
- Page Range:365-379
- No. of Pages:15
- Keywords:HoReCa; travel agency; hotel products and services; European tourist-consumer; disputes; litigation; mediation; ADR methods;
- Summary/Abstract:The paper begins, as is natural, with a brief reference to the term "HORECA", in order to specify the contracts used in this field. The chapters that follow these preliminary clarifications, concern the following: 1) The hotel service contract, from the perspective of the contractual relationship between the hotelier, the consumer tourist and the travel agency, and last but not least the disputes that may result from non-fulfillment of contractual obligations, 2) The contract of agency concluded between the hotel and the travel agency, in the national and European Union legislative context, 3) The content of the agency contract, respectively its clauses.