Juridical Tribune - Tribuna Juridica

6

Authors: Professor Verginia VEDINAŞ

This article aims to analyze the public service as a fundamental institution of the administrative law and changes in its legal system, with special emphasis on privatization phenomenon in the field of public service. There are critically analyzed weaknesses manifested in the privatization of public services and formulates proposals for drafting laws in the future. The main negative aspects consist in how the State, through its authorities, supervises and controls (it monitors) how an individual, who was transferred to the provision of a public service, provides that public service and complies with the terms privatization assumed by privatization contract commitments.

7

Authors: Associate professor Ph.D. Tekla PAPP

With the conclusion of a contract of civil law, the parties may take some reasonably unforeseeable economic risks that might disrupt the synallagmatic character of the contract; therefore, disproportionate, unviable extra burden may appear in the contractual relations on the side of some parties. The sudden increase of inflation or prices, the intense reduction of the purchasing power of wages, the radical changes in the relations between supply and demand, the collapse of the product market, the insolvency of the economic actors (especially in case of a contractual party), the negative changes of the market and financial relations and the production and liquidity problems of the economic sector shall result in this incalculable risk. In case of maintaining the original contractual content, an economic crisis affecting the whole economy and society of one or more countries may cause any or all the parties to take inequitable and intolerable risks. In the following, we analyse those reasons in the Hungarian judicial practice that are based on the Hungarian Civil Code and referred by the parties in order to get rid of the contractual obligation in the name of economic/ business risk and finally, we make a conclusion with respect to the current European regulations

10

Authors: Ph.D. Lecturer Mădălina COCOŞATU

Everyday realities demonstrate more and more the fact that there are people who are constraint to leave their countries of origin, as a consequence of dangers of a nature to seriously harm their right to life, liberty or integrity and who are forced to remain for a period of time, or even for the rest of their lives, in the country offering them asylum. From the analysis of the current legal framework in Romania and France, we can state that at the level of the two states there is a tendency to give norms applicable both to the seekers of the refugee status, as well as to asylum-seekers. In spite of the fact that the two notions cannot be confused with one another, their common regulation is the result of the numerous resemblances between the two institutions, such as, most times, the state that recognized the statute of refugee as immediate protection form will also grant the right to asylum as final protection form. Thus, both at the level of Romania, and at the level of France, the two institutions represent humanitarian protection forms for aliens persecuted for their beliefs, opinions or the political belonging or their belonging to a social group, or as a consequence of their race, religion, nationality 2 , which is granted by the state by virtue of its sovereignty. In addition, the Romanian state and the French state undertake to grant similar rights and liberties to the refugees and asylum-seekers, equal to those of their own citizens, out of which stands out the right not to be banished. Following the direction imposed by the U.N. Convention of year 1951, neither Romania, nor France grant the statute of refugee to the alien who committed a crime against peace or mankind, a serious common law offence, outside the state, before being admitted to its territory as a refugee, or facts contrary to the goals and principles stated by the U.N. Charter3 . By granting the statute of refugee, the alien receives the permission to stay of the territory of the Romanian, respective French state, he benefits of identity documents, of the right to choose his place of residence and he may even travel freely in the same conditions as the other aliens. .

13

Authors: Lecturer Ph.D. Adriana Florina POPA Lecturer Ph.D. Andreea Gabriela PONORÎCĂ

Development of trade, as well as its dynamics in the context of globalization, have created the premises of acceleration in the commercial distribution networks expansion, with immediate effects in the sphere of law. Transgression, moreover, was predictable and any legal implication in economics, as well that of the judiciary system in the economy can’t be ruled out. Among the commercial agreements, franchising has experienced one of the most spectacular developments of all kinds of business, due to the favorable context in which it developed. In this paper we aim to analyze the essential elements of franchising, based on the legal phenomenon rather than on the economic one. This article also examines the behavior of existing and future entrepreneurs regarding the possibility of implementing this legal instrument. These results are consistent with the hypothesis that, even if, according to the statistics, the franchise contract has successfully imposed itself in the business world, there is enough reticence in adopting it as a development measure.

15

Authors: Ph.D. student Georgeta-Bianca SPÎRCHEZ

In this paper we aimed to examine the legal mechanisms that ensure the protection of the parties within this form of private justice-that of compromise conclusion. For a systematic approach of this subject, we reported, first of all, to the general rules governing, in terms of validity, the conclusion of conventions, but mostly we leaned on the particular aspects relating to this specific contract. In order to respond to the main objectives, we reviewed the legal requirements in force and the way the case law interpreted them and also the relevant arguments brought by the doctrine. The research methodology took into account elements of comparative law; we followed, in this respect, the French regulatory model and the Anglo-Saxon common law which is favorable to the conclusion of this type of contract.

18

Authors: Lecturer Ph.D. SH. M. Hum. TAUFIQURRAHMAN

The United Nations Convention on Contracts for the International Sale of Goods 1980 (The Convention) is one of monumental products to respond the need practically of the business actors in international trade traffic. The Convention is not only containing substantive rules, but also containing procedures in determining the law applicable to disputes faced. The analytical result indicates that the legal concept can be developed in Indonesia for future governing choice of law in international sales of goods transactions is by accession to the Convention. In that accession, it is recommended that Indonesia puts aside the application of Article 1 (1) (b) of the Convention does not reflect valued the appreciation of state sovereignty.

27

Authors: Senior assistant – lecturer Ph.D. Nina GUMZEJ

The law of personal data protection has for years been lagging behind technology, which is evolving propulsively and with high speed. A number of new challenges arising from the post-modern digital age have been identified for rights and freedoms of individuals with respect to processing of their personal data and thus a need for adapting the relevant legal-regulatory regime and ensuring a workable and systematic data protection system for the third millennium. After examination of the current legal framework and supporting systems at the level of European Union law, this paper focuses on recently proposed reforms. Proposed new EU legal-regulatory regime towards a potent data protection ecosystem is strongly supported by stricter accountability of those who are responsible for personal data. As one of the core legal principles supporting the new regime, accountability denotes, in a nutshell, a number of legally enforceable duties to implement and verify measures and procedures that can ensure operative and demonstrable data protection compliance. Selected highlights of the proposed accountability measures are therefore examined in this paper and arguments provided for a shift towards organizational data protection management and governance already today

7

Authors: Assistant Ph.D. Candidate Cristina SÂMBOAN

The exact content of the relation between dignity and law has not been fully clarified yet. We only know that, although it has been used since antiquity, the notion entered international legislation and national constitutions only after WWII. Since then, the law uses the term, but it does not define it. Under the circumstances, can we talk about a legal concept? Is dignity a means or a purpose to law? Which is its relation with the fundamental human rights? Is it a right among others, or a basic ground for all of them? Here are a few questions to which the present article is trying to provide some answers…

12

Authors: Professor Ph.D. Raluca DIMITRIU

The labour legislation applicable in public sector is very different from the one applicable in private sector. Unlike the private sector where the market is the most efficient regulator and sanctions all errors made by the assessor, in the public sector there isn’t always a feed-back from the economic realities that may prove the accuracy and the efficiency of the assessment. Consequently, the law goes further on and imposes requirements, deadlines and procedures. While the private sector enjoys a certain flexibility regarding the assessment of the staff, in order to adjust it to the requirements of the economic realities, in the public sector, flexibility can lead to manifestations of subjectivism and arbitrariness. On the other hand, the excessive amount of regulations applicable in public sector may provide versatile and even contradictory results.

29

Authors: Associate Professor Ph.D. Silvia CRISTEA

The Longevity of the Roman Civil Code from 1864, and the long duration of cohabitation with the Commercial Code of 1887 puts into question the issue of rapid enforcing of the New Civil Code! Therefore it is extremely important to compare the current drafting legal texts regarding companies in the New Civil Code, with the legal provisions contained in the Law 31/199o! Because the New Civil Code is put into practice recently, the present study relies solely on examination of the doctrine in this area. The results of the research have as targets the researchers and teachers from the faculties of law: the study is original due to the fact that the old Civil Code is compared with the new Civil code. The present study is exceeding this image, trying to create a new perspective and a more complete analysis!