Perspectives of Business Law

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Authors: Aracsia-Magdalena Benţia

Objectives of the study: the study aims to analyze the issue of social health insurance in Romania and to provide legislative solutions in combating them. The research methods used are the qualitative research method and the observation method. Results and implications of the study: 1) establish a 2020-2030 Strategy to prevent disease by launching national campaigns for healthy eating, reducing smoking and alcohol consumption, and introducing the color scheme for food; 2) decentralizing the system, establishing a public-private partnership, increasing the patient's freedom in choosing doctors and services; 3) limiting the cost of medical care by introducing caps, as well as co-payments; 4) institutional reform of the public sector in this area. In some opinions, "Experience in other countries consistently suggests that introducing a private funding system would create more problems than it would solve. That is why efforts should be focused rather on institutional reform of the public sector"; 5) developing legislation to make differentiated payments for medical services; 6) closure of non-accredited hospitals and their privatization; 7) establishment of private health insurance houses.

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Authors: Claudiu Ramon D. Butculescu

This paper briefly analyzes a new perspective regarding natural law and its effects on the contemporary society, especially from the perspective of the social interaction of legal persons. The present study aims to analyze whether natural law can be divided into two components: one internal and one external, which also can influence and complement one another. Although at first glance it can be considered that legal positivism has a special influence on the normative social system, one should consider more likely that the two general schools of thought - natural law and legal positivism - are complementary and harmonize each other. The legal phenomena that systematically influences the cultural matrix of the system of law can be analyzed from the perspective of the natural law. Natural law is closely linked to the external phenomenology that influences the social normative system and implicitly the system of law, while legal positivism is closer to the formal sources of law. Within the concept of natural law, after a thorough analysis, a new different concept may be envisioned, namely the concept of universal law, which may be different from natural law, although it may have the same sources as the latter. These two concepts can be used as tools for analyzing how people interact within the system of law, especially in the framework of social and economic relations that are established today between legal entities. This paper tries to present the structure and the traits of each of these concepts and their similarities and differences. At the end of the paper, brief conclusions regarding the effects of these concepts on the legal relations established between various legal entities are presented, as well as the effects that appear because of their interaction.

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Authors: Vlad Barbu

Objectives of the study: the study aims to analyze public policies regarding people with disabilities. The research methods used are the qualitative research method and the observation method. Results and implications of the study: children, and as they continue to become adults, in the short term, in order to diminish suicide attempts, they must be monitored so that the traceability of the integration of persons with disabilities can be determined from the moment of their institutionalization. In the long run, these people with disabilities will integrate and from sustained people will become supporters of social health, unemployment and pension insurance institutions, relevant to the change process.

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Authors: Berrin Akbulut

According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.

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Authors: Dragoş Lucian Rădulescu

The main effect of non-compliance of the employees with respect to the obligations resulting from the employment legal relations is the application of the specific ways of accomplishing the discipline of labor. In this respect we can state that the discipline of labor is not only a system of norms that allows the employee to meet the requirements resulting from the labor relations, mainly through the possibility of applying the specific disciplinary sanctions, but also of a preventive or stimulatory character under the aspect of forms of labor organization. As regards the principle of employee subordination in the legal relationship with the employer, in relation to his/ her obligation to respect a well-established system of norms issued for the purpose of labor process, failure to comply with the resulting obligations leads to the possibility of applying sanctions for violation of the labor discipline. The article presents the conditions for the non-compliance of the obligations resulting from the employment relationships of civil servants, the legal basis specific to the violation of specific duties, the way of individualization of the sanction applied, as well as elements of judicial practice.

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Authors: Ovidiu-Horia Maican

The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion) whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts).

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Authors: Camelia Daciana Stoian, Radu Nicolae Stoian

The present article deals with situations in which the use of the provisions of the Labor Code is required for the suspension of a service report on the initiative of a civil servant for legitimate personal interest, provided that the regime of legal relations between civil servants and the state or the local public administration is regulated by Law no. 188/1999 on the Statute of civil servants. We appreciate the decisive importance both for public institutions, civil servants and courts of law, to advance a proposal to regulate the suspension of the employment relationship at the initiative of the civil servant, as from 2010, the provisions of Article 95(2) of the Law no. 188/1999 on the Civil Servants' Statute, are subject to different interpretations: either as an abrogated article or as an existing article outlined as content on the provision identified in the initial form of the normative act.

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Authors: Olga Sovová

The paper examines topical questions of the conflict of dual loyalty when providing health and medical care in the context of the liability of regulated medical professions. The paper specifies, describes and identifies the impact of professional particularities on the sphere of activity of the vocational holder in general and the particularities in the Czech Republic. The conflict of dual loyalty is highlighted in the relations emerging when providing the medical care, in particular in the relation patient - medical professional - provider of medical care. The article is anchored in the methods of the interpretation of law together with the interpretation from the general to the specific. The medical professionals get very often into the dual loyalty conflict, which concerns legal obligations and the ethics of the profession. The paper examines the difference between the conflicts of dual loyalty and interests. Based on the abovementioned the paper concludes that the conflict of the dual loyalty and the responsibility of medical profession have many forms, but there are legal, ethical and economic possibilities to solve in in favour of the patient.

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Authors: Ulsi Manja

Albania's natural environment and resources are vital to its economic success and the health and well-being of its citizens. Environmental crime threatens resources on which it is heavily dependent on the pillars of the Albanian economy and acts as a major obstacle and obstacle as Albania moves towards an efficient economy with resources, employment and safe growth. The greatest challenges in today's environment do not conspire in natural disasters, but in the grave, immoral and inexperienced behavior of man to the environment and its elements. Impotence is another important element of this story that is killing us every day, though it does not seem to touch us with any expected tree, no bird that no longer has to stand, no fish that took the river's river hydroelectric power plant... Inspection in particular, is an important part of environmental protection, because in my view it is the key to everything, based on the ever-popular popular expression "fear preserves the vineyard". The impotence of environmental crime is one of the most important advantages and methods for preserving environmental elements. Inspection in the entirety of many advantages in other instrument reports as a previously studied, well-defined, non-corroborated inspection is efficient both for the environment and economic efficiency, as it affects the ability to increase revenue publicity, transparency, flexibility, etc. Inspection today is considered to be the only pathway that affects law enforcement by all actors set out in it. It is the only tool that, having the authority to take administrative or criminal measures, directly affects the work and life of the objects subject to inspection. In this context, inspection has been successfully used to address a wide range of environmental crime, including waste disposal, water pollution and air emissions.

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Authors: Mihaela Onofrei, Sandra Grădinaru

Present paper aims to analyze the situation of a medic, civil servant in the exercise of his duties, who is compelled to ask the patient to pay the provided medical services from his own funds. The economic and social context of Romania over the last ten years, along with Romania's entry into the economic crisis, has led to drastic austerity measures. A major area that has been affected was the medical field in which patients were faced with two situations. On the one hand, in order to benefit from medical services, reimbursed by the Romanian state, they had to be included on waiting lists, and on the other hand, they had the possibility to sign a sponsorship contract with the medical unit and to pay out of their own funds the medical services they were receiving. Thus, as many people have opted for the sponsorship contract, this situation has come to the attention of anticorruption prosecutors who have considered that signing of a sponsorship contract is a disguised form of bribery of the medic. In the context of the fight against corruption, prosecutors investigated whether the constitutive elements of the bribery offense were met in these conditions. The present study follows the arguments used by lawyers to prove that signing a sponsorship contract between a patient and the medical unit not only cannot have criminal connotations but the most important that the criminal responsibility of the physician involved cannot be attributed.

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Authors: Banu Bilge Sarihan

The concept of alimony; the dictionary defines as, the whole of what is needed to make a living; as the legal sense is defined as connected with one month to one court decision that obliged to provide for. Family members of a moral rule, first of all to help each other. This moral without often any coercion parties in the framework adapts to this rule, but in this case the legislator for the processing always smoothly, has made it a statutory duty by going to road regulations to help each other for certain family members. Assistance in the form of alimony and child support maintenance can be divided into two main groups. Support resulting from family law, commonly referred to as maintenance support. Maintenance alimony; temporary alimony, child maintenance and poverty alimony. The care and upbringing of children in the marital union is entitled to custody of the mother and father in the framework. Mother and father use custody together. Custody of minors and adult children must sometimes restricted to persons, about paying attention to both the goods and to represent them as a whole of the rights and obligations of the law have been installed on the parents. Common life of the spouses or by court order issued at the end of separation has occurred judge may give custody to one of the spouses. side with custody of children have been left to him is obliged to look after and educate them. However, not given custody of his side, must participate in their child's care and education expenses amount to be determined by the judge according to financial strength. Associates alimony, separation or nullity or divorce, child custody as a result of which he had left his wife, child care and the financial strength to participate in the rate training expenses. Associates alimony, not a liability connected to custody, is a natural consequence of being parents. Because spouses are obliged to take care of children's care and upbringing. Child maintenance is required and even necessary foundation for child protection. In our study, it brought to mind the child's interests and the concept of an institution concerning child maintenance of public order, in case of dissolution of the family and protection of children should be judged within the framework of legal regulations concerning.

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Authors: Alina Bilan, Lorena Ciobanu

The participation of groups of economic operators with joint tender to public procurement procedures requires the conclusion of association agreements published together with the procurement documents by the contracting authorities. The contracting authorities often require these temporary associations specific legal forms, similar to joint ventures, or certain conditions concerning their organisation and functioning. This present study analyses the associations for participation to public tenders in light of public procurement and fiscal legislation, trying to asses if these contracts are joint venture agreements, to what extent the clauses comprised in the drafts imposed in the procuremnt documents are compatible with the public procurement and fiscal laws and if they may be challenged by the economic operators.

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Authors: Ileana CONSTANTINESCU Adriana MOȚATU

This study refers to a frequently used contract, namely the contract of caretaking, and presents the cancellation of this contract for the objective impossibility of out carrying it. Also, this case study highlights the legal issues that may occur in the situation of objective impossibility of execution of the caretaking obligation by the debtor – caretaker. In case of cancellation of such a contract there can be no discussion of succesors in rights from the debtor – caretaker because there is no mention about the continuity of the contract with the successors. Only from the creditor that was taken care of, there has been a will in favour of another person from outside the family, namely a third party.

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Authors: Adriana Elena BELU

The parts to the contract are the shipper freight and the carrier. But the beneficiary of the contract is the conignee, although he doesn’t take part to the signing of the contract, he is (if he is adhering to the contract) acquirer of rights and obligations which result from the contract of carriage. The contract of carriage is considered an exception to the principle of relativity effects of the legal act and it is considered by some authors in the literature as a stipulation for another with certain features. Stipulation for another is the contract whereby one part (stipulate) provide that the other side (promisor) to give, to do or not to do something for the benefit of a third person (beneficiary) who do not participate, and he doesn’t take part to the conclusion of the contract. It is considered the only real exception of the principle of relativity. Called contract for another's benefit, stipulation for another creates for the beneficiary third-part right, directly and immediately created in his benefit since the conclusion of the contract between the promisor and the stipulate. The right is created from the time of signing the contract, in the patrimony of beneficiary, regardless of beneficiary’s accepting or waivering this right.

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Authors: Bujorel FLOREA

The study proposed by the author discusses a distinct version of the sale-purchase agreement, i.e. the sale subject to term or condition. The scientific approach of the author concentrates on highlighting the main legal aspects specific to the analysed category of sales and their correct interpretation. Moreover, the paper supplements the scientific study of the varieties of the sale-purchase agreement, the range of which is practically infinite, given the principle of contractual freedom governing the civil circuit in our legal system. The author examines the legal norms in the current Civil Code that regulate the modalities that the sale-purchase agreement in question is subject to, the term and condition, as well as the means in which they influence the legal relationship existing based on the conclusion of such agreement, especially with regard to the rights and obligations of the contracting parties. The study also presents certain doctrinary points of view in this regard and is addressed equally to legal sciences theorists, researchers, professors, students, MA students and PhD students, as well as attorneys, who it provides with a few reference points that could arouse their interest for researching the subject and expanding the conclusions with regard to the fair application of the special norms in the examined field.

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Authors: Ana VIDAT

It is inconceivable By O.U.G. no. 60/2016 were brought new changes and additions to Law no. 76/2002 on the unemployment insurance system and stimulation of employment due to: labor shortages in certain regions claimed by business representatives; European climate of uncertainty marked by the possible exit of the United Kingdom of Great Britain and Northern Ireland in the European Union, and the high probability of returning to Romania for workers who have exercised their right to free movement within the European Union; avoidance of loss absorption external grants for this year.

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Authors: Luiza MIHAI

Given that any collective dismissal process must begin from a decision of the competent corporate body, the paper analyzes the reasons leading to the issuance of such a decision of reorganization, which is the justification for technical and economic viability of that decision and what It must include to be thorough and legal in the context of a possible legal claim before the courts. We studied the role of the efficient and complex analysis of the company in terms of organizational and / or economic reasons but also the impact that the change in the company's structure will have by reducing the positions for which the activity will be considered redundant through the same analysis. Research aimed the position and the implications such an economic analysis will have on the entire collective dismissal procedures, procedures that are very precisely controlled by state institutions empowered by the phases imposed by law but also in agreement with the employer`s social partner. In a state that encourages commercial freedom and the exclusive organizational privilege of the employer, may the court censor the effects of this procedure analyzing itself the opportunity of reducing positions targeted by the reorganization caused by economic reasons, or may issue considerations strictly in terms of reality and the seriousness of the causes that led to the adoption of such a decision of the employer?

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Authors: Monica GHEORGHE

This study aims to analyze the legal texts of the Labour Code which refers to the elements / clauses in individual employment contract and clarifying those that have been essential. Rules of the Labour Code which refer to the contents of the individual employment contract are not consistent. The texts of the Labour Code which refer to the essential and specific clauses in individual employment contract are art. 17 para. (1) - (3), art. 20 and art. 41-48. Also Order no. 64/2003 sets out the mandatory elements that must be included in the individual employment contract, showing that through negotiation between the parties, the contract may include specific clauses under the law. The analysis is done in the light of the provisions of art. 1179 and art. 1185 of the Civil Code, as in common law. At the end of the study, we conclude that certain provisions were essential character to the conclusion of any individual employment contract, others result of the negotiation, have essential character only to the contracting parties, while certain clauses are essential for certain types of individual employment contracts . Finally, it is assessed and the consequences of lack of essential clauses and establish its content contrary to legal norms.

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Authors: Veronica STOICA

This study addresses the issue of termination of insurance contracts by unilateral denunciation in accordance with Article 2209 of the Civil Code. Distinguishing features of this unusual or specific type of insurance contract are highlighted, together with its differences from the unilateral denunciation of the contract provided in the common law. Simultaneously, we aim at analyzing the prerequisites for making unilateral denunciation of an insurance contract, the legal effect of the denunciation throughout the notice period, as well as the effects of the insurance contract termination as a result of its denunciation.

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Authors: Călin Viorel IUGA

Identifying the risks generated in the matter of by the assignment of claim arising from a bank loan agreement following the review the of the court judgments delivered by courts within the Cluj Court of Appeal. The result of the study is practical, topical, with implications on the banking market in Romania of the practitioners identified deem that the bank loan agreement loses its enforceability following the assignment of claim, and the novation of the assignee creditor during the enforcement did not occur

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Authors: Andreea Elena MATIC Ştefania Cristina MIRICĂ

The present paper aims to analyze the manner in which the parental alienation syndrome (acknowledged as a form of severe psychological abuse against children by the Directive No. 2/2016 for recognition of parental alienation phenomenon) is identified, prevented and treated and by Romanian state authorities. The parental alienation syndrome emerged and started to spread in Romanian society due to the increasing rate of divorce and the larger number of single parent families. According to the definition found in the first article of the Directive no. 2/2016, this form of abuse consists of the "systematic denigration work of one parent by the other parent, with the intention of ali enating the child from the other parent." In the article, we will analyze the legal and deontological duties of officials from the Child Welfare and Protection which operates locally and, also, how the civil courts exercise their active role in solving the cases in which is claimed the existence of this form of severe psychological abuse. We will also describe specific cases. From our point of view, the formal recognition of the parental alienation is a progress in the actual achievement of the welfare and best interests of children in Romanian society. This matter must be treated seriously as the emotional abuse committed against minors impede their harmonious and balanced development, with dramatic effects on medium and long term.

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Authors: Viorel BĂNULESCU

Fusion, a complex operation, determines the reorganisation of the companies involved, so as, in addition to the associates, administrators or the employees, the third parties, as social creditors of the companies concerned, can be prejudiced. Through this article, we intend to analyse the means of protection provided by the national and European legislation, to identify the vulnerable aspects, and to submit solutions for the insurance of a real and adequate protection for the creditors of the companies involved in the fusion operation.

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Authors: Eugen SÂRBU

No matter if we are discussing the case of a material, an intellectual work or of a provision of services, the contract for the execution of works is of the utmost importance in the economic dynamics, having a large object that includes basically any kind of service procurement or execution of works, which are not expressly regulated as being a different special type of contract. Considering the practical importance of this type of contract, we wanted to focus on an aspect which is essential, but sensitive at the same time- the subject of risks in the contracts for the execution of works. In order to incur the practical issues, we will draw our attention especially on those risks which may lead to the obstruction of works. After presenting the categories of identified risks, we will point out the party responsible for each of these risks and also the different types of liability that may be applicable. Lastly, in order to identify the most suitable solutions for practitioners, we will discuss those situations in which one of the parties of the contract for the execution of works intends to suspend or to terminate the contract and also the posibility of the parties to revise the price of the contract.

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Authors: Victor BIRCA

This study proposes its principal objective the analysis of the company contract, one of the most updated and used in the present, both regulated by the Civil Code and the Law no.31 / 1990. The general conditions of validity and the specific elements of the contract are presented and analyzed as well as the effects and changes made to the contract and the legal consequences concerning the constitution of the society. The desire to reform the Civil Code is not enough, a unitary conception of matter has to be promoted in the sphere of civil law, to avoid a chain reaction that will include amendments to other laws in force and to determine the development of others. The present study provides an overview of trying to create a new perspective and a more complete analysis.

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Authors: Oana-Nicoleta RETEA

The name is important both to the individual and to the society. Therefore, it is important to understand its role in both shaping the private sense of self and identity and in reflecting and sustaining the social institutions such as the state, family. The aim of this article is to contribute to the better understanding of the scope of Article 8 from the European Convention of Human Rights in what concerns the right to bear a name. The great variety of issues that have been covered by this article has generated a huge literature in which Article 8 was treated as one of the most open-ended provisions of the ECHR. In this context, it was underlined the inclusion of the right to name into the domain of this article, while tracing the connotation given by the Court in the attempt to establish an infringement of the right to privacy and family. Moreover, the case law presented reveals that there are fluctuations in the approach of the Court, showing also the cases in which it was not found a violation of Article 8. However, the infringement of one's right to name could reveal different ways of intrusion in the private life or family life, but in any situation, it is engaged liability for the damage caused.

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Authors: Gabriel-Cristian CONSTANTINESCU

Changes in Romanian penal laws coming into force from 1st February 2014 brought an increasing number of offenses for which it is possible a penal mediation, including the offenses from the special laws (not included in the main Penal Code), for which the withdrawal of the advance complaint or the reconciliation of the parties removes the penal responsibility. These offences from the special laws are reviewed and detailed by the author with the mark of the removal mode of the penal responsibility, achieving a practical table for practitioners. Mediation procedure in the special laws crimes is similar into the general criminal mediation, but the application of the most favourable in time law may require special attention.

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Authors: Bogdan BÎRZU

In this study we have examined (sometimes critically) the provisions of Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution terrorist offenses and serious crimes. Representing an absolute novelty in EU legislation, the European legislative act is examined from the perspective of transposing it into the Romanian law. The innovations that are brought to this study are the examination itself and the de lege ferenda proposals which can be useful to the European legislator, but mostly to the Romanian legislator in the transposition of this legislative act into the Romanian law. The paper can be useful to academics and practitioners in the field of preventing and fighting terrorist offenses and serious crimes.

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Authors: Alina OPREA

The problem enforceability of agreements conferring jurisdiction to persons other than the parties that have accepted knows no textual legal settlement in European procedural law. Through its action, the European Court of Justice, however, brought important clarifications in the matter, without following yet a uniform: the disputes brought before it, the high European court preferred for certain hypotheses to consider solutions of national law, effectiveness agreements conferring jurisdiction admissible conditioning; other times, she opted for the formulation of European autonomous substantive rules recognizing or, alternatively, directly denying their effectiveness. In an attempt to bring more clarity in the matter, the study proposes a review of existing solutions, identifying their justifications and offering several key milestones that should be considered in solving concrete problems in practice.

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Authors: Associate professor Brîndușa VARTOLOMEI

In the field of the law governing the legal work relations one of the features that also contributes to defining the autonomy of labor law is that of the existence of the specific sources of law consisting in regulation on the functioning of the employer, internal regulation, collective labor agreement, and instructions regarding the security and labor health. In addition, in the practical field of the labor relations some indirect (or derived) sources of law were also pointed out as coming from the employer and having general and permanent character. They are considered as being labor law juridical acts.

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Authors: Lecturer Claudiu Ramon D. BUTCULESCU

This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequences in civil law, company law, tax law, and in many other areas of law.

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Authors: PhD. student Raluca TOMESCU

The main problem with the execution of a leasing contract in Romania is that there are still shortcomings to the laws in force. The complexity of this contract which, at first sight, seems so commonplace, as well as the void in our ambiguous law are an inexhaustible source of research and exploration, but also the origin of controversial conflicts. With this paper I decided to elaborate I would like to contribute to consolidating the ”status” of national leasing operations, which are still in search of their own identity. Aiming to place the leasing contract back in its rightful place, that of a contract from which nobody has anything to lose but everything to gain, I consider it appropriate to analyse the conditions and effects of the commissoria lex fragments inserted in the leasing contract. One of the most controversial aspect of these last years brought to the attention of the courts of law cases where the financier, once the leasing contract was cancelled, requests the foreclosure of the user. The cancellation we are taking into account is based on the commissoria lex inserted in the clauses of the leasing contract. We have therefore to analyse whether the foreclosure of the user can be carried on, based on the provisions of GO 51/1997 referring to leasing contracts.

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Authors: Professor Liviu-Bogdan CIUCĂ

The principle of priority and direct application of European rules in relation to the provisions that we find in the national legislation, once assumed at European level, it has generated debates and concerns about the usefulness of a single legal act in private law matters. The idea of European Civil Code, appeared somewhere in the early 80s, is becoming more current and triggers a justified and sustained interest. Considering that the civil legislation of Community Member is a legislation dominated by tradition and peculiarities of culture, religion and temper, the issue of a European Civil Code forms as a project generating discussions, restraints and even rejections of the Member States in relation to this proposal. The current system of European legislative acts that apply immediately and priority in EU member states remains only a temporary solution and which generates difficulties in interpretation and affects the utility of the enactment. Clarifications on the pros and cons to promote a European Civil Codex will be analyzed primarily in terms of law and, last but not least in terms of political perspective, taking into account the Community objectives undertaken by accession treaties and the need for a legislative norm, especially European, to be predictable, transparent, useful and accessible. This paper intends to submit to debate both current doctrinal arguments, the blocking of such an approach, based on the principle of autonomy and the peculiarities of the legal system of each Member State, but also considering the practical arguments and of simplification of rules met in a European Civil Code assumed and applicable in the European space.

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Authors: Ph.D. student Mihaela Diana FRĂTOAICA

In this paper we analyze the implications stages of legal liability in the general theory of law. This research work aims, through a thorough analysis on the land developed general theory of law, to present practical issues relating to legal liability. Define, examining interdependencies stages of evolution and legal liability; - Presentation stages novel legal liability in civil law of Moldova; - The analysis of the stages of legal liability; - Conclusions The current research paper was prepared using the research method of natural law and historical method. Also, the work was developed using research methods and theories positivist and critical-comparative theories. Theoretical basis of the research study consists of numerous studies and scientific papers of Russian and local doctrine publicized, in the final bibliography. Scientific originality of the results obtained from the research are that legal liability occurs when a certain mode of behavior does not fit in some limits accepted by social rules. Researchers, jurists, eminent authors from all over the world have a constant interest to reveal features of legal liability stages in a large number of works, both in the general theory of law and other branches of science in law.

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Authors: Assistant professor Cristina COJOCARU

Throughout its content, the memorandum of association, even in the case of a limited liability company, stipulates the contribution of each shareholder to the share capital while the share capital is divided into shares, corresponding to the contribution of each shareholder to the share capital. The limited liability company is established in consideration of the people who set it up and as such, the share transfer is subject to certain conditions provided by law. Therefore, the law sets out strict conditions for share transfer in the case the transfer is done to one or more shareholders, but especially if the transfer is done to people outside the company, or following the inheritance. If the transfer is done to a shareholder, such is possible provided that this transfer has not been prohibited by the act of incorporation itself. Instead, the transfer to people outside the company cannot be done without the consent of shareholders representing at least three quarters of the capital. In case of share transfer by succession, the law allows it provided that this transfer is permitted within the memorandum of association.

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Authors: Lecturer Dragoş Lucian RĂDULESCU

Change of venue is a remedy offered to a party, which in case of legitimate grounds for suspicion or public safety may require that proceedings belong to another court than the court first seized. But change of venue is not based on a case of material or territorial lack of jurisdiction of the court, taking into account exceptional circumstances or impartiality doubt regarding the case. Thus, article 140 of the Code of Civil Procedure stipulates the possible causes of change of venue, including further issues that will determine jurisdiction to hear by the courts of control.

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Authors: Associate professor Mihaela TOFAN

The paper analyzes recent EU actions in order to develop banking regulation towards having a real and operational banking union. The role and the present policy of the ECB is also addressed. EU banking priorities are presented, emphasizing the transformation imposed by the global financial crises and the recent cooperation among member states of the union. The interconnection banking-fiscal union is also approached, concluding on the mandatory steps to be taken in order to have a real support of the legal framework.

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Authors: Lecturer Andreea Elena MATIC

The current paper contains a brief analysis of art. 316 provided in The National Education Law no. 1/2011 in conjunction with the penalties stated in Law no. 206/2004 regarding fair practices in scientific research, technological development and innovation, with additions and amendments, as well as The National Education Law no. 1/2011. The interesting aspect of this article of the law that completes common law (art. 248 (3) in the Labour Code) is that it establishes the possibility of lifting and cancelling the disciplinary sanctions within a year since being imposed by the competent authority. In the academic world, the issue of fair practice in scientific research is one of honour and it provides each member of the scientific community with a dignified and respected career. The infringement of the provisions in Law no. 204/2004 on conduct in scientific research, technological development and innovation, with additions and amendments, leads to imposing sanctions which adversely affect the researcher’s reputation. In our paper we analyse the applicable sanctions, the actual meaning of the phrase „improvement of the activity and conduct” of the sanctioned person in the context of fair practices in scientific research and, in our conclusions, we attempt at finding the requirements that have to be met in order to eliminate the negative ethical consequences, redeem the good name and regain the right to a honorary career.

6

Authors: Lecturer Ana-Maria LUPULESCU

The limited liability company, as regulated by Company Law no. 31/1990 republished, is the most used legal form of company, not only in Romania but also in other European countries. The option of the associates for the analyzed form of company is based on the advantages arising from its particularities, as they result from its specific juridical nature. Within this context, we consider that an analysis of this form of company, even though is not intended as exhaustive, but highlights particular significant aspects that underline its juridical specificity, may appear important and particularly useful, both for analysts in law and practitioners.

6

Authors: Lecturer Andreea Corina TÂRȘIA

Romanian jurists described the fiduciary agreement either by rendering texts of the Civil Code, or by taking over all or part of the definitions, opinions, interpretations and even some examples given by various authors, jurists, economists and financial experts in the bank field. However, after three years from its adoption, there is uncertainty about the legal regime applicable to the fiduciary agreement, created by the ambiguity and contradictions of the texts of the Civil Code. So, as a first step, the Civil Code defines fiduciary agreement as a transfer of/and over certain rights composing the fiduciary assets (art. 773) and over these rights the trustee undertakes the exercise of the full, holder specific powers (art. 784 para. 1), but subsequently it states that the fiduciary assets consists of goods (art. 786). Secondly, the Civil Code suggests that the fiduciary agreement is a contract establishing first degree movable securities (art. 781) or a contract of mandate (art. 783) and, regarding the trustee’s remuneration, a contract of managing another person’s properties (art. 784 par. 2), being uncertain whether the administration is simple (art. 795 - art. 799) or full (art. 800 to art. 801). Also, although the Civil Code limits the fiduciary capacity exclusively to lawyers, public notaries and credit institutions, investment companies and investment management firms, financial investment services companies, legally established insurance and reinsurance companies (art. 776 par. 2 and para. 3), it does not describe the rationality of this option. These reasons make necessary the analysis of the legal status and professional duties of the fiduciary trustees, to understand the relevance of their specialized activity, in order to answer the question whether together with the specific risks of the transactions imposed by the fiduciary contract there is also a possible the risk of capital laundering. The answer to this question requires a holistic approach based on risk and identifying mechanisms, situations, facts related to money laundering in order to obtain legal arguments to determine in the future the adoption of an effective national legislation, corresponding to the requirements of the European Union law and in particular to those set out in the (EU) Directive 2015/8492 and to those that ensure the international cooperation instruments in the protection of the capital market.

7

Authors: Associate professor Emilian CIONGARU

Entitled as such to bring forward the law, the legislative institutions shall find the most appropriate expression in the legal language, in the content of legal norms and the manner this language is perceived by those to whom it addresses. In this respect, it makes use of certain specific procedures for bringing forward legal rules, procedures whose purpose is to explain and express as clearly as possible the legal rules it decides upon. The important proceedings used by the legislator are presumptions and fictions where the presumption considers that something is true, without any evidence and without proving its existence and the fiction is a certain process of the legislator or the judge by means of which a fact is deemed to exist or to be established although it does not actually exist neither has it really been established. An important presumption one can operate with is the presumption to know the law upon its publication, an presumption otherwise considered to be conclusive, unlikely to be challenged by anyone and under no circumstances. This presumption can have hard and undesirable effects in so that the individual called to account for the violation of law can bring evidence to testify he was actually in the effective impossibility of knowing the law.

7

Authors: Associate professor Marilena MARIN, Associate professor Mădălina BOTINĂ

Our paper is an empirical study that analyzes the notification to the persons concerned of the precautionary measures, such as privileges/liens, which can be taken on vessels/ships, the latter being regarded as movable property. Based on legal relationships of civil law, which have the nature of the common law in this area, as well as on the fact that vessels/ships are regarded as movable property, we considered interesting to analyze the privileges /liens which may establish thereon. Once the privilege/lien has been established, it must be brought to the knowledge of any person concerned because, otherwise, any such privilege/lien cannot be enforceable to any person, generating thus disputes between parties, whether or not they are contractual partners. The main idea of our approach is represented by the legal relationship, seen, on the one hand, as a social patrimonial relationship regulated by the rule of law typical of the analyzed field, and, on the other hand, as a real legal relationship, as it regards a specific category of goods, namely, the movable property. Under the incidence of the old Civil Code (1864), the pledge with or without dispossession was established on movable goods. The mortgage was specific to immovable property. The new Civil Code (2009) comes with a legislative amendment allowing the establishment of several types of privileges/liens over movable property, including mortgages. As previously mentioned, after taking the measures that establish the liens on property, these formalities should be brought to the knowledge of the persons concerned in order to ensure the legal balance at social level.

8

Authors: Phd. student Mihaela CATANĂ

The present study proposes a comprehensive approach and analysis designed to highlight the evolution of regulations on work through Temporary Agency Work - from the regulations contained in the rules of the International Labour Organisation, of EU law and regulation that institution, temporary work, in Romanian labor law, once with the adoption of the Labour Code by Law 53/2003 - and the need to revise rules on temporary agency work by adopting effective measures for the protection of temporary employees, especially those posted borders. The purpose of this paper is to bring to the fore the need to develop uniform and effective regulations in the temporary employment contract and therefore the parties involved in this report, so that the transposing Directive 2008/104/EC on temporary agency work and other directives implemented in the field: Directive 96/71/EC applicable temporary employment relationships, implicitly the Directive 2014/54/EU on the enforcement of its application, and Directive 2014/67/EU, to continue the harmonization of national rules with EU, reported problems generated by the lack of a legal framework effectively to prevent abuses and misunderstandings arising in the application of legal norms by different state institutions involved in these tasks.

8

Authors: Lecturer Raul Sorin FÂNTÂNĂ

The work is a study of the important implications of engineering interpretation of protection corroboration, reduced in time and conditioned by the payment of patent related fees, with the longer lasting and free of tax conditioning provided by copyright to any opera, technical creation included. The theme is based on the conclusions of some expert reports on intellectual/industrial property, managerial and unethical behavior observation and damage value, and proposes a systemic, realistic and organic approach of the two laws from the perspective of the patrimonial rights of the holder.

10

Authors: Lecturer Simona CHIRICĂ

The sale of agricultural lands located out-side the built-up areas has been recently limited through the obligation to follow the preemption procedure based on Law no. 17/2014, as subsequently amended (”Law 17”)2 on the regulation measures for sale of agricultural lands located out-side the built-up areas and for the amendment of Law no. 268/2011 on the privatization of companies holding in administration public or private State owned agricultural lands and the establishment of the State Domains Agency. The preemptors are: (i) the joint owners, (ii) the lessees, (iii) the neighboring owners, (iv) Romanian State, through State Domain Agency. The preemption procedure commence with posting by the seller of its sale offer at the competent city hall and ends with the issuance of the positive/negative sale approval or, as the case may be, the conclusion of the sale agreement with one of the pre-emptors.

12

Authors: Lecturer Diana LAZĂR

Following its National Strategy of Justice Reform 2011-2016, the Republic of Moldova has aimed to improve its national laws and practices regarding the effects of foreign arbitral awards. Lately, the code of civil procedure has been amended and the Supreme Court of Justice adopted a decision for a more uniform jurisprudence on the recognition and enforcement of foreign arbitral awards. Being part to the New York Convention of 1958 on the recognition and enforcement of foreign arbitral awards, the Republic of Moldova needs to bring its national law and judicial practice in line with the standards of the international treaty. Also, a favorable legal environment for the international efficiency of the foreign arbitral awards would respond to the Moldova’s goals to integrate into the international and European trade, which became topical considering the signature of the Association Agreement with the EU and the economic embargos announced by the Russian Federation. This articles aims to assess the conformity of the national law of Republic of Moldova with the New York Convention of 158 and to identify the main rules for the recognition and enforcement of foreign arbitral awards within Moldova’s territory.

13

Authors: Lawyer Diana-Loredana JALBĂ

In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural) law.

14

Authors: PhD. student Marioara MAXIM

The current technological progress triggers a new approach in the way the personal data are collected, processed or stored, by a multitude of data controllers or processors involved in the chain of trophic relations in the delivering of cloud computing services. In this circumstances, it is our objective to examine the rights and obligations of the contractual parties involved in the cloud computing agreements according to the European Union law and national legislation, and their legal consequences for the data subjects.

3

Authors: Ph.D. student. Adelina VRÂNCIANU

The modification of a contract is an area presenting a real interest for the practitioners in the field. More and more, the contractors tend to resolve their implementation problems through addendums which, most often, don’t respect the publicity conditions imposed by the national and European legislation. OUG nr. 34 and HG nr. 925 don’t have provisions regarding contract modifications, the principles being imposed by the European case-law. In present, the single act with a chapter on contract modification is Ordin nr. 543/2013. The real conflict is knowing when a modification can be qualified as substantial or not and which are the elements to be takeni into consideration during the evaluation process. The new Directive 2014/24/CE regarding public procurement goes beyond the case-law and poses new principles.

4

Authors: Lecturer Mihaela AGHENIŢEI

Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.

4

Authors: Ph.D. student George CHIOCARU

The purpose of this article is to analyse the problem of concluding a transaction agreement (Romanian language ”contract de tranzacție”) in relation with the unfair clauses which may occur in the contracts concluded between professionals and consumers. In this respect our purpose is to analyse, within this article, the current level of the doctrine in what concerns the transaction agreement, as this was regulated by the New Civil Code, as well as the possibility to conclude such contracts in relation with a contractual clause or a number of contractual clauses considered unfair. We will concentrate especially on the possibility to conclude a transaction agreement prior the identification of the clause subject to a possible dispute, which forms the object of the transaction agreement. The purpose of this analysis is to present an alternative method to safeguard the contract between the professional and consumer by the contracting parties themselves, contractual parties who better understand and represent the ways forward for the situations when unfair contractual terms occurs.

4

Authors: Research Assistant Bogdan BIRIŞ

This paper highlights the existing conflict between EU law and the provisions contained in Bilateral Investment Treaties with respect to the arbitration clause. In the context of the post-Lisbon, the European Union has exclusive competence in the area of investment is the only entitled to conclude investment treaties with third countries. However, many Member States continue to maintain in force bilateral treaties signed pre-Lisbon and jurisdiction clauses which conflict with European law. This paper will analyze the case law and doctrine in the field and will try to find solutions to avoid possible bottlenecks that may arise when a Member State is in a position to choose between compliance with European law and the rest of its international obligations.

5

Authors: Lecturer Bogdan BUNECI

One of the greatest tests of the quality of our justice systems is how well we treat our victims - appropriate treatment is a demonstration of our societies' solidarity with each individual victim and recognition that such treatment is essential to the moral integrity of society. It is therefore crucial not only to combat and prevent crime, but also to properly support and protect individuals who do fall victim to crime. Both legislative and practical measures have been put in place to provide an adequate level for the protection of victim's rights throughout the EU, and in accordance with international provisions.

5

Authors: Assistant professor Cristina COJOCARU

The management of a company, as the expression of its social will, is performed by acts of individual persons or bodies entrusted with the management of the company. The activity and the formation of these bodies are regulated by Law no. 31/1990 on business entities with regard to each form of company. Precisely due to the importance of the role that these individuals, named directors, have in the operation of companies, the law lays down certain rules that define their status, i.e. their appointment, duration of mandate, the legal nature of their duties, their obligations and how their function ceases. 3 Moreover, a company may have one or several directors. The law stipulates the rules according to which a company with several directors is managed, as well as how the decisions are made.

5

Authors: Professor Claudia ANDRIŢOI, Assistant professor Florentina LUPȘA, Ph.D. student

Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforcement of these personal rights. The subjects of both rights are all the persons who have the right to information about the status of their own rights and liberties and the problems impeding their achievement. The importance of informing citizens and states in all spheres, and in particular about the implementation scope of the right to legal assistance consists in the population’s comprehensive legal information.

5

Authors: Lecturer Dragoș Lucian RĂDULESCU

In accordance with the provisions of Article 1270, paragraph 1 of the Civil Code, the valid contract concluded between the parties bears a juridical power equal to the law. The condition is met in a situation in which the legal act is validly concluded, in accordance with the legal provisions. Although the parties in such a contract may not derogate from the mandatory provisions of the law during the performance of contracts, within the legal system, however, certain situations may occur that determine whether courts shall assess the balance of benefits between contractors. This article is calling into question the legal character of unpredictability, the assessment method of the courts, as well as the frequency of this phenomenon in our national judicial system.

6

Authors: Ph.D. student Mona-Lisa NEAGU

Through this research, I intended to point out the particular characteristics of prisoners, by trying to define a more comprehensive image of the prisoner's personality, as well as understanding these phenomena by developing a socio-psychological profile of the individuals through theoretical information. The need for an extensive work must approach with priority this type of issues, with such extremely complex, but in the same time controversial consequences, based on a series of questions that appear in the literature, seeking urgent for answers. To achieve this objective, I used a methodology based on documentary research in order to explain a set of concepts and specific terms for this subject, which become an area of interest for specialists who investigate the causes, motivation and personality of prisoners. Thus, my purpose was to identify, emphasize certain personality characteristics present with prisoners through answers, information provided by them, but also by other subjects included in this research.

6

Authors: Associate Professor Mihaela TOFAN

Insolvency Code has revived theoreticians’ and practitioners’ discussions, equally. The voluntary arrangements procedure is considered a legal solution for the prevention and recovery from commercial actors’ financial difficulty. The current legal framework establishes a number of imperative conditions for the implementation of this procedure, but in many cases, the application of the current regulation generated different conclusions. In less than half a year, since the entry into force of the law, the practice for each court varied. The paper synthesizes separate opinions and proposes solutions for shaping a more precise legal framework.

7

Authors: Lecturer Adriana Elena BELU

The sender has the right, by subsequent written disposition, to withdraw the property that was to be transported, before its departure, to stop it during transportation, to postpone its handing to the recipient or to order its return to the place of departure, to change the recipient person or place of destination or to dispose other modification to the transportation conditions. The sender who gave a subsequent disposal is required to pay to the carrier, as appropriate, the price for the part of transportation already performed, the due fees and expenses caused by executing the subsequent disposal, and to compensate him for any suffered loss2. The sender cannot give a subsequent disposal leading to the splitting of the transport, unless otherwise provided by law.

7

Authors: Lecturer Ana-Maria LUPULESCU

The new Civil Code contains the general regulation applicable to all companies, which is, however, to be completed with the special legal provisions relating to different categories of companies, which have remained outside the Civil Code. Thus, the Romanian legislator does not include within the new Civil Code the legal regulation applicable to companies with legal personality, without taking into account the example of other modern European legal systems of monist approach, such as the Italian system of law. Therefore, taking into account that even the legislator qualifies the provisions of the Civil Code which governs the company as the common law in this field, while maintaining the special legal regulation in relation to certain categories of companies, an analysis of the legal provisions on cooperative companies, emphasizing their particularities, as well as the necessary correlations between the general and special regulation, appears as extremely useful both theoretically and practically.

8

Authors: Ph.D. student Alice CÎRSTEA

We live in an environment in which e-commerce continues to grow and evolve while state legislators attempt to catch up to the ever-changing technology. Today electronic transactions are more and more frequently supplementing or even entirely replacing traditional channels and business models. Even though, in theory, is easy to apply laws to Internet, in practice is harder. This article synthesizes a number of issues on the application of Romanian legislation on e-commerce and offers practical solutions both to managers and to authorities. The article use quantitative and qualitative methods in order to identify the information provided by catering web sites to their consumers in Romania, compared to United Kingdom. The research results raise question marks about how is written and applied Internet law in Romania and also about the limitations of Romanian electronic commerce legislation. Also it shows how companies fail to comply with applicable legislation and to attract their consumers. Managerial implications related to these findings are provided and future studies are encouraged to be investigated.

8

Authors: Lecturer Claudiu IGNAT

Besides convention and inheritance, usucapio was, is and will certainly remain the most important and most common way to acquire property of buildings and the importance of this institution was established, confirmed and reinforced by attempts at which the usucapio institution was subject to by doctrine and jurisprudence equally. Usucapio or acquisitive prescription is a way of acquiring property and other real rights, characterized by the possession of a thing for a period fixed by law. It was provided by art.645 of the Old Civil Code as one of the original ways of acquisition and in art.1847 of the same code it is provided that acquisitive prescription has the same character.

8

Authors: Associate professor Anca POPESCU-CRUCERU

The silent partnership raised a significant number of controversies, both in doctrine and in jurisprudence, most of them generated by the regulation comprised in the Commercial code, where the concept is provided with a different notional sense – the contract. The actual regulation comprised in the New Civil Code reflects an approach of the silent partnership within the legislative context of companies, thus referring to this associative form as to an entity presenting all particular components of companies, respectively the contributions, the affectio societatis, as well as the distribution of the benefits. The silent partnership does not own and cannot acquire legal personality, unlike the simple partnership, which, upon shareholders’ decision, it may become a company form regulated by the Law no. 31/1990 on companies.

9

Authors: Lecturer Aurelia STĂNESCU

Deep social and economic changes, as well as changes in communication technologies that have taken place over the last decades have resulted into radical alterations in the design of organizational forms. Starting from the assumption that the employee has the duty to fulfil professionally all the responsibilities in the job description; equally appropriate can be to tackle particular aspects of Human Resources managerial practice, such as the fact that positions (and their corresponding job descriptions) can be subject to controversies as there is always un “unwritten” part which makes the difference between the employer’s expectations and the employee’s expectation. From the point of view of the employer and organization, the position is the main tool to allocate tasks (duties) and roles to employees. The possibility of the employer’s abuses emerges, by including, in job descriptions, among other “responsibilities and taks”, the cliché: the holder of this position shall fulfill all tasks given by his/her hierarchical boss. The job description explains what and how tasks / responsibilities shall be fulfilled, and each of the main responsibilities included is associated to one or several tasks. We are hereby emphasizing the employee’s duty to fulfill the task listed in the job description but we see as justified the fear that overload may become an additional stress source with inevitable consequences. A well structured and detailed job description is a proof of rigourous and organized management. The fact that some organizations’ job descriptions do not define clearly the responsibilities and standards required from the holder of that position may become a problem.

9

Authors: Lecturer Ovidiu-Horia MAICAN

The granting of state aids (grants) is one of the most powerful economic policy instruments available to public authorities. Through these grants are protected certain economic activities. Although state aids are based on social motivations, they are actions that can have harmful effects on competition. State aids granted by the Member States through the use of public funds (funds), prolonging or threatening to distort competition.

9

Authors: Ph.D. student Liviu-Titus PAVELIU

Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

10

Authors: Associate professor Bujorel FLOREA

The current article focuses on the specific elements of the repurchase agreement, as they are regulated in the new Civil Code (Law no. 287/2009). In the beginning the author makes a general characterization of this type of contract, from the perspective of the specific elements regarding the contracting parties, the object of the contract and the moment of fulfilling certain obligations assumed by the parties. Then, the study defines the notions of “repo” and “reverse repo” and differentiates the repurchase agreement (repo) from other similar contracts, configuring thus more clearly the analyzed convention. A specific element of the contract is represented by its legal nature of sui-generis contract, which the author explains by the fact that in the doctrine there is no unanimous opinion concerning this aspect. At the same time, the specificity of the repo is highlighted by presenting its main effects: the double transfer of property, the transmission of the accessory rights, the original buyer’s obligation to exercise his option, and the original seller’s obligations to make available for the original buyer the funds necessary for exercising the right of option and for making the payment. Last but not least, the specificity of this type of contract is revealed through reflecting the differences between the liquidation, prorogation and renewal of the debated convention. The study presents the viewpoints expressed in the literature, as well as the author’s opinions as regards the controversial legal problems in the studied field.

10

Authors: Professor Anca Lelia LORINCZ

According to the regulation from the Criminal Procedure Code for the criminal liability of the juridical person and in the Criminal Procedure Code there exist some provisions concerning the procedure to hold liable a juridical person. Representing a different way to develop the criminal process than the usual procedure, made of a complex of standards with a complementary and derogatory character, the procedure to hold liable a juridical person represents a special procedure. The present study aims an analysis of this procedure. Besides the systematization from the Criminal Procedure Code from the 1968, in which special procedures made the object of the last title of the Special Part (Title IV) in the structure of the actual Criminal Procedure Code the regulation of special procedures precedes the provisions regarding the execution of decision, provisions that are contained in the final title of the Special Part. It is true that the enforcement of decisions represent the last step of the criminal process, but, taking into account the fact that in special procedures as well one can contain some derogatory standards regarding the enforcement (including regarding the procedure to hold liable a juridical person), more adequate was the systematization from the previous Criminal Procedure Code (from 1968) where derogatory standards were situated after standards of common law, including in the matter of enforcement.

10

Authors: Lecturer Monica GHEORGHE

The herein study aims to clarify some confusions, that appear during the application and interpretation of the Labor code’s provisions regarding the dismissal for being professionally unfit established by Article 61 letter d) of Labor Code. In the absence of an express definition of this notion in the Labor Code, the jurisprudence has shaped some landmarks regarding the professional inadequacy. In order to enclose this concept it is necessary to draw up an analysis of the norms regarding the conclusion of the individual employment contract by verifying the employee's personal and professional skills as well as those regarding the dismissal for being professionally unfit. In order to establish the professional inadequacy, obviously, one must also bear in mind the employee’s job description, which is necessary to be related with the employee’s individual professional performance objectives, as they are unilaterally determined by the employer. The second goal of this research concerns the procedure of professional assessment of the employee, the analysis having as objectives the ascertainment of the legal document that must embody this procedure, the way to conduct the procedure and the consequences brought by this professional assessment.

11

Authors: Ph.D student Iulia Bădoi

The collective labor conflicts’ settlement represented and it still represents a subject of interest for the Romanian legislator and within the specialty literature. The Social Dialogue Law no. 62/2011 was criticized by being adopted without an impact study. The current paper’s objective is to shortly present some legislative aspects concerning the parties of the collective labor conflict and to analyze the statistic data provided by the Ministry of Labor, Family, Social Protection and Elderly Persons, and by the National Institute for Statistics concerning the participation to the collective labor conflicts. Through the research instruments (the use of statistic data series) and taking into consideration the period subjected to analysis, the paper allows to describe the situation of the participation to the collective labor conflicts in Romania within the period 1992-2014 and of the factors that influence the triggering of this type of conflicts, and also to formulate proposals for the future amendment of the legislation.

14

Authors: Lecturer Gina ORGA-DUMITRIU

The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement) was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I). Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II), the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential) implications that are relevant for the Romanian courts of law (III).

15

Authors: PhD student Vlad – Teodor FLOREA

This study concerns the general rules on competition between undertakings in the EU. The author paid attention primarly to matters on the prohibition of agreements that aim to distort or impair competition on the internal market. Moreover, he examined in detail the matter concerning the regulation and interdiction of the abuse of a dominant position. The work also reviews doctrinal opinions, as well as the jurisprudential solutions in the area. The author’s concern to summarize and develop the conditions for the implementation of each of the two legal mechanisms is worth noting: the prohibition of agreements between undertakings and the abuse of a dominant position. The essential considerations taken into account by the Court of Justice of the European Union in settling a case whose subject consisted of assessing the manner in which an undertaking reflected on competition on the internal market were selected at the end of the work.

3

Authors: Claudiu Florinel Augustin IGNAT

It often happens that the end of the contracts to be existing commercial relationships and a new contract has already intuitu personae character. But not always the case, that those who enter into legal commercial forcing consideration to the benefits and under commercial contracts, know the dealer or individual that established commercial relations. These traders resort to contractual conditions which states precisely the extent of the obligations assumed by each party, setting rules, deadlines, penalties and even ways of interpretation of contracts. Contracting Parties, namely traders aware that the law is the contract parties by special caluze invest ( to settle disputes concerning the interpretation or punishment for failure and even termination obligations) tribunalule arbitration courts or the territorial and material.

4

Authors: George CHIOCARU

The purpose of this study is to analyse the main elements of novelty brought by the transposition of the Directive 2011/7/EU of the European Parliament and of the Council on combating late payment in commercial transactions in the Romanian national legislation by Law no. 72/2013 on the measures for combating late payment of a certain amounts of money resulting from the agreements concluded between the professionals and between professionals and contracting authorities. The current analysis is based on the interpretation of the legal previsions of the above mentioned acts as well as on the related secondary legislation. It is important to underline that at the moment of this study there is few court practice on this subject matter at the national level as well as of the European community level. Further more, considering the relatively new presence of the Law no. 72/2013 in the national legislation, albeit this law is adopting certain elements from the existent legislation, there is a lack of substantial doctrine in this respect. Starting form the considerations expressed above, we intend by this article to underline the main measures to be take into consideration by the professionals in the commercial relations established between them as well as in the commercial relations established with contracting authorities.

4

Authors: Michał GORNOWICZ

The interestingness of marine piracy issue in Somalia is caused by the fact that firstly, piracy problem is often shown and discussed in mass media and secondly because it is still an unsolved trouble. Finally pirates attacks in Somalia have a great influence on late delivery of cargo ships’ goods. Somalia is said to be the easiest and the most attractive region for pirates attacks. In fact, it is the truth because Somalia is an example of state with inner destabilization and without legal authority which would be able to face the problem. In this paper following topics will be touched: analysis of Convention on the High Seas from Geneva adopted on the 29th April 1958 (definition of piracy); genesis and history of piracy in Somalia; scale of danger from pirates side in Somalia; postulates of changes in article 100 of United Nation Convention of the Law of the Sea adopted on the 10th of December 1982; attitude of international community towards piracy in Somalia; International missions in Somalia; Somalia nowadays (statistics); prospects for the future....

4

Authors: Brîndușa Oana VARTOLOMEI

Changes and additions made to the Law on apprenticeship contract and call into question the manner in which the Romanian legislator understands that give efficiency to this legal institutions. The scientific research aims to identify substantive changes made to the legal text by Law no. 179/2013 and to explore opportunities in the current context of national and European legislation.

5

Authors: Raul Sorin FÂNTÂNĂ

Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law.

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Authors: Konstantinos MARGARITIS

Much have been written, critically evaluating the sanction mechanism included in article 7 TEU regarding the sanctions to member states for serious and persistent breach of the values of the Union. Although the institutional framework is adequate and its use necessary, the lack of political will has led to inactivity of the provision. On the other hand, the fundamental rights agency was established for monitoring human rights throughout the Union, in order to ensure full respect for fundamental rights across the EU. The aim of this paper is to present an interrelation between the sanction mechanism of article 7 TEU with the monitoring mechanism of the agency, which will enhance the quality of fundamental rights protection in EU and the member states. The paper is based on interim conclusions from the PhD thesis at the National and Kapodistrian University of Athens, entitled “the Treaty of Lisbon and the fundamental rights protection in EU”.

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Authors: Cătălina-Adriana IVĂNUŞ

The european law prohibit direct and indirect discrimination and harrasment on grounds of sex, racial or ethnic, religion or belief, disability, age or sexual orientation. The question is what is the situation when someone is discriminated on can claim to be the victim of unlawful discrimination because he or she is associated with another person who has the protected characteristic. The the Court of Justice of the European Union’s judgment in Coleman v Attridge Law and Steve Law confirms, for the first time in European law, the existence of the concept of discrimination by association. In this article I examine the implications of this case on all conceps of discrimination concepts of discrimination in European law (direct discrimination, indirect discrimination and harassment). I also examine the application of discrimination by association to grounds other than disability.

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Authors: Andreea SEUCAN

This study aims at presenting the new legal provisions at EU level regarding orphan works (Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works) and their transposition into national law. The study explains the content of the Directive and raises some issues regarding the transposition into national law. It also highlights several problems which can occur in this process because of errors in translation.

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Authors: Cristina SÂMBOAN

Upon its foundation in 1961, the European Committee for Social Rights (ECSR) was meant to be a counterpart of the European Court of Human Rights (ECHR) in the field of economic, social and cultural rights, i.e. an international body of control regarding the manner in which states understand to respect human rights. But, given the fastidious contents of ESCR and for political reasons, ECSR has never enjoyed the same guarantee mechanisms or level of accessibility that have characterized ECHR. The aim of this study is to show that, in spite of such flaws, the ECSR has proven its efficiency in the European system for the protection of human rights. The analysis of its decisions, as well as their interactions with the ECHR jurisprudence proves that the flexible and protectionist decisions of this jurisdictional body command authority and their coercive nature is recognized at national level. Moreover, this body has an important influence on ECHR. The jurisprudential interpretations of ECSR may also serve as reference points for national users (lawyers, magistrates, organizations), which makes it even more necessary to know and understand it at this level.

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Authors: Roxana Anca ADAM

Unsecured creditors in the insolvency of the debtor's creditors are those who do not have collateral security against the debtor's assets and who are not accompanied by liens privileges whose claims are current at the opening proceedings and claims us for current activities during observation. In the matter of the bankruptcy secured creditors set for secured debts are claims receiving collateral on the debtor's property, whether it is the primary obligor or third party guarantee to persons benefiting from collateral. The secured creditor's secured claim in the insolvency procedure is given by the value of collateral assessment arising after the opening of insolvency proceedings the debtor. These special legal provisions contained in the bankruptcy, derogating from the common law, they often generate different practical situations and have created jurisprudence. In judicial practice of insolvency have encountered situations where the creditor security budget, which requires to be entered in the final table of the debtor in the category of secured creditors, the debt claim, warranty claims for his claim is the universality of the debtor's assets. The study on which we focused includes analysis of these categories of claims in insolvency proceedings and the solutions adopted in judicial practice.

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Authors: Alina BILAN

This study analyzes the teething troubles met by local public authorities when organizing and applying tender proceedings for the award of delegation contracts for the management of the administration services of public and private domain of the territorial administrative units in view of the Law no. 51/2006 regarding the public community utility services and aims to provide practical solutions for interpreting and applying conflicting provisions of the regulations in force. In order to support the local public authorities in their activity this study offers solutions for some legal issues as establishing the applicable law and the hierarchy of the regulations in force for organizing the tenders, determining the legal form of the delegation contract, identification of the applicable rules for selection criteria and for evaluation of the bidders` offers as well as identifying the review procedures available for bidders. The research methodology is based on both the deductive method comprising theoretical documentation, analysis and synthesis of the concerned legal issues and on the comparative method as this study provides practical answers consistent with the national legal system based on the European Commission`s Recommendations on the services of general interest.

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Authors: George GRUIA, George Cristian GRUIA

"Perspectives of business law" Journal This volume contains scientific papers presented at the 3rd International Conference "Perspectives of Business Law in the Third Millennium", November 15-16, 2013, Bucharest University of Economic Studies Table of Contents Roxana Anca ADAM Abstract: GUARANTEE ON ALL THE ASSETS OF THE DEBTOR IN INSOLVENCY PROCEEDINGS Page 1 Valentin – Stelian BĂDESCU Abstract: FRAUD IN ELECTRONIC COMMERCE Page 8 Iulia BĂDOI Abstract: CONFLICT MANAGEMENT. SOME PROSPECTS ON THE LABOR CONFLICTS Page 21 Adriana Elena BELU Abstract: THE APPLICATION PROCESS OF HAMBURG RULES, GIVEN THE CONTEXT OF THE EMERGENCE AND ENTRY INTO FORCE OF THE NEW ROMANIAN CIVIL CODE Page 34 Alina BILAN Abstract: CONTROVERSIES AND PRACTICAL SOLUTIONS REGARDING THE AWARD OF CONTRACTS FOR THE DELEGATION OF THE MANAGEMENT OF ADMINISTRATION SERVICES OF THE PUBLIC AND PRIVATE DOMAIN OF THE TERRITORIAL ADMINISTRATIVE UNITS Page 38 Alexandru BULEARCĂ Abstract: BRIEF CONSIDERATIONS ON THE WARANT, AS REPRESENTATIVE TITLE OF GOODS IN WAREHOUSES, ANALYZED FROM THE PERSPECTIVE OF ITS FUNCTION OF PAYMENT INSTRUMENT, IN THE LIGHT OF SPECIAL REGULATIONS AND PROVISIONS OF THE NEW CIVIL CODE Page 46 George CHIOCARU Abstract: UNFAIR CONTRACTUAL TERMS AND PRACTICES IN RELATION BETWEEN PROFESSIONALS Page 53 Alina Mioara COBUZ BAGNARU Abstract: ROLE OF ARBITRATION AS AN ALTERNATIVE TO STATE JUSTICE Page 57 Cristina COJOCARU Abstract: SOME CONSIDERATIONS REGARDING THE REVOCATION OF THE COMPANY DIRECTOR Page 66 Silvia CRISTEA Abstract: Our goal is to differentiate between the legal regime of the limited partnership and that of the unlimited company, by drawing a comparison between civil and special settlement in terms of the following criteria: definition, contributions, capital divisions, the Articles of Association, registration, management control, withdrawal/exclusion of a partner, dissolution/ liquidation. The opinions expressed in the chapter devoted to conclusions are relevant to Romanian and French Law as well. Key words: limited partnership, unlimited company, Romanian Civil Code, the Law no.31/1990 concerning commercial comopanies JEL Classification: K22 COMPARATIVE STUDY: LIMITED LIABILITY COMPANY VERSUS UNLIMITED LIABILITY COMPANY Page 70 Raluca DIMITRIU Abstract: Labour Law is dealing with a period of tremendous changes, which may jeopardise its legitimacy. It may be even true that labour law is living now its last days, and only a possible ‘reinvention’ may lead to its survival. One of the reasons for this crisis is found in the evolution of the relation of the labour law with the “mother” branch, civil law. The paper is proposing an exam of the flexible relation between labour law and civil law and to react to the tendency of the reincorporation of labour law in civil law and of the dangers of such development. It is also presented the impact upon labour law of the recent paradigmatic change of the civil law, and some criteria for identifying the applicable civil law norms to employment relations. There are laid down a couple of conclusions regarding the changing of labour law, as well as the uncertain future of this branch of law. Key words: Bogus self-emplyment, labour law, workers, labour relation. JEL Classification: K31 THE IDENTITY CRISIS OF THE LABOUR LAW Page 79 Cătălina Georgeta DINU Abstract: The importance of invoking national interest and dispute over natural resources has increased in direct proportion to the growing importance of these resources and decrease inversely with quantity. A dull but intense battle at this point characterizes natural resource, especially of oil and mining of precious metals. Therefore, we can say that the power exerted on natural resources establishes a hierarchy of states of the world economic power and living standards of the population. Use of natural resources as an effective weapon in the economic consolidation became state policy and the expansion of exploration and exploitation in foreign lands development of complex regulations imposed internationally. Therefore, a thorough study of this field involves an analytical perspective of all dimensions outlined in legislative terms, starting from the history and evolution of the Romanian legislation observation of foreign law - specific states with relevant impact on the exploitation of natural resources - and presenting characteristic of European law and international law. We analyze if both oil and mining concession concession covered by Directive 2004/17/EC and if we can identify a subset of works concession. We detail our study if this concession is a public works concession, according to the recognition of the public interest as the determining criterion administrative and membership contracts. Key words: oil concession, mining concession, public-private partnership JEL Classification: K23 THE OIL AND MINING CONCESSION IN EUROPEAN PERSPECTIVE Page 87 Raul Sorin FÂNTÂNĂ Abstract: Currently, according to the law, the expert is treated as a witness, and the expertise - presented as a report - is treated as a work implemented in support of justice only. Referring to the intellectual property, an expert report is often a research work with pronounced character of investigation. According to the copyright law, such a unique work should be cited even in the court device resolution, scientifically commented, as bibliographical source. The immediate consequence in support of the act of justice is that, unlike the jurisprudence - which in many countries is not a source of law, having an informative character only, a written report - especially the technical work – cannot be commented by any court. Evaluated as technical work, an expert report on the one hand should be treated as such - cited - by the courts of law and on the other hand implemented according to the rules imposed in the scientific works: documented, with a minimum number of references to and quotations from serious sources, including previous expert reports from completed files. We think that such an approach of the expert report would lead to a significant improvement of the justice act at least in Business Law. Key words: technical expert report, res interpreted, intellectual-industrial property, technical work, technical jurisprudence, standardization JEL Classification: K20 THE COPYRIGHT ON THE INTELLECTUAL PROPERTY EXPERT REPORT. CONSEQUENCES Page 96 Michał GORNOWICZ Abstract: The interestingness of marine piracy issue in Somalia is caused by the fact that firstly, piracy problem is often shown and discussed in mass media and secondly because it is still an unsolved trouble. Finally pirates attacks in Somalia have a great influence on late delivery of cargo ships’ goods. Somalia is said to be the easiest and the most attractive region for pirates attacks. In fact, it is the truth because Somalia is an example of state with inner destabilization and without legal authority which would be able to face the problem. In this paper following topics will be touched: analysis of Convention on the High Seas from Geneva adopted on the 29th April 1958 (definition of piracy); genesis and history of piracy in Somalia; scale of danger from pirates side in Somalia; postulates of changes in article 100 of United Nation Convention of the Law of the Sea adopted on the 10th of December 1982; attitude of international community towards piracy in Somalia; International missions in Somalia; Somalia nowadays (statistics); prospects for the future.... Key words: international maritime transport, Convention on the High Seas from Geneva, United Nation Convention of the Law of the Sea, international law, marine piracy JEL Classification: K33 MARINE PIRACY IN SOMALIA – PAST, PRESENT AND FUTURE Page 101 George GRUIA, George Cristian GRUIA Abstract: The purpose of this paper is to provide a thorough analysis of state powers in the context of today's business environment both nationally and internationally. The authors use the SWOT management method using structured interviews, in certain key areas, of a group of 30 experts from both legal and academic and that of the SMEs, in order to analyze and to form a guide of best practices for workers in local government in Bucharest, which directly influences the foreign investments in the Romanian economy and local development of national administrative territorial units. This article is part of a more complex work of the authors on improving social relations that occur in the work of state administration in relation to the Romanian business environment and represents the partial results of this ongoing study. Partial results of the study are presented and analyzed for future studies and represents a platform for academic discussions open to the public in order to improve relations with local administrative authority relating to facilitating and supporting investments that bring added value to the consumer.

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Authors: Alina Mioara COBUZ BAGNARU

Arbitration is an alternative jurisdiction to state justice, characterized by privacy. As part of managing this type of jurisdiction, the parties to the dispute and the competent Arbitral Tribunal may establish other rules of procedure which may depart from common law; such rules shall not be contrary to public order or to the binding provisions of the law.

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Authors: Cătălina Georgeta DINU

The importance of invoking national interest and dispute over natural resources has increased in direct proportion to the growing importance of these resources and decrease inversely with quantity. A dull but intense battle at this point characterizes natural resource, especially of oil and mining of precious metals. Therefore, we can say that the power exerted on natural resources establishes a hierarchy of states of the world economic power and living standards of the population. Use of natural resources as an effective weapon in the economic consolidation became state policy and the expansion of exploration and exploitation in foreign lands development of complex regulations imposed internationally. Therefore, a thorough study of this field involves an analytical perspective of all dimensions outlined in legislative terms, starting from the history and evolution of the Romanian legislation observation of foreign law - specific states with relevant impact on the exploitation of natural resources - and presenting characteristic of European law and international law. We analyze if both oil and mining concession concession covered by Directive 2004/17/EC and if we can identify a subset of works concession. We detail our study if this concession is a public works concession, according to the recognition of the public interest as the determining criterion administrative and membership contracts.

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Authors: Ovidiu – Horia MAICAN

Concentrations of companies have developed in the last 40 years, as an effect of open borders within the European Union. The question from the point of view of competition is if setting up a new group or entity may have the same restrictive effects of an agreement. In addition, that may lead to monopoly or oligopoly, which prevents effective competition. Concentrations are situations when one or more companies acquire control of other companies, changing the structure of the companies involved and of the market. The most important forms of concentrations of undertakings are the holding by a company of the capital of another company or of other companies, the total or partial acquisitions by a company of the assets of other companies and the merger of two or more companies which are legally independent into a new company. Sometimes, where the concentration in an industry exceeds certain limits it can lead to monopoly or oligopoly structures, which restrict competition and jeopardise consumers' interests. The legal basis for EU merger control is Council Regulation (EC) No 139/2004. The regulation prohibits mergers and acquisitions which would significantly reduce competition in the Single Market, if they would create dominant companies and are likely to raise prices for consumers.

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Authors: Alexandra-Gabriela ROLEA

Notwithstanding the optimistic forecasts issued by experts a couple of years ago, the economic predicaments of the European Union’s member states, including Romania, are far from being settled. The extension of the economic and financial dowturn, the continuing process of globalization and the financial markets’ volatility have imposed an unparalleled flexibility upon the economic agents, in that the amount of mergers and acquisitions has risen at a both national and international level. This background calls for a detailed but nonetheless approachable study of the reorganization of the trading companies though mergers, aimed mainly at the business environment. In order to reach the aforementioned objectives, the theoretical endeavor seeks to explore the relevant legal provisions, including the European Directives. The juridical and accounting operations of mergers, their legal consequences and concrete implications on the activity of the trading companies will also be analysed. Some particular approaches embraced by the legal practice are to be presented, as in Romania mergers are submitted to the control of the court. The study will have a positive impact on the economic agents, who are fostered to conclude this type of restructuring, by altering the line of thought shaped a few years ago, according to which mergers are difficult, isolated and sometimes even unacceptable operations.

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Authors: Iulia BĂDOI

Managers wish for harmony within their organizations, that the satisfied employees to work in well balanced teams in order to achieve the institutional goals without taking into account the individual and cultural differences, personal or group interests. Conflicts can be classified according to several criteria. This study aims to present the particularities of conflict resolution within labor relations. Starting from the analysis of the conflict concept viewed from several perspectives, including legal term, this paper aims to reveal the sources of labor disputes through statistical tools, to explain the development of the conflict and to propose solutions to reduce / solve conflicts. From the traditionalist perspective all conflicts are bad, being subsumed to terms of violence, anarchy, destruction, chaos, requiring major reality changes. Conflicts are seen as natural, normal, and cyclical from the human relations point of view. Moreover, inter-actionist perspective suggests encouraging for triggering conflicts because a group that is too long peaceful may become inert, listless and noncreative. This theory proposes to the leaders to maintain a level of conflict within institutions so that to be in the presence of a dynamic group, the manifestation of critical thinking, innovation and improvement of the human relationships’ quality.

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Authors: Flaminia STÂRC-MECLEJAN

It's been a long time since markets transcended national borders, corporate law dealing at the beginning of this century with rather complex corporate structures that gradually replace its ordinary subjects, the companies. At the same time, the bases of civil liability for torts were put in a time when damage was only exceptional and had comprehensible dimensions, circumstances that are no longer valid today when we talk of the environmental damage. The ability of the victims of environmental damage, facing the precarious financial condition of a subsidiary, to sue the parent company is theoretically hindered by the independence of the affiliated companies forming the group, as each company retains its legal personality, as well as by the absence of a group regulation in Romanian law. In this context, the aim of our paper is that of seeking solutions that would allow a piercing of the parent company’s corporate veil to hold it accountable, considering reality.