Juridical Tribune - Tribuna Juridica

9

Authors: Dr. Harsh PATHAK

With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of private international law, or conflict of laws as called by different nations. Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. Most European countries as well as India have ratified the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) for the purposes of International trade and commercial transactions therefore opening the gateway for international commercial transactions to take place among such convention countries easier. Further, the judiciary of concerned countries has also affirmed such ratification and the applicability of the Model Law laid down

10

Authors: Assistant professor Diana Geanina IONAȘ

Based on the provisions of article 1169 of the Civil Code, the parties are free to conclude any contract; however, based on the principle of the mandatory force of contract, the parties are held to execute the contract as signed. According to article 1549 of the new Civil Code, in case the debtor fails to execute its obligations accordingly, the creditor is entitled to invoke one of the following remedies: execution by equivalent; foreclosure; rescission or termination of contract or the reduction of the debtor’s performance or the use of any other legal mean available in order to achieve his right2. Rescission can manifest under any of the two forms: judicial and extrajudicial. Extrajudicial rescission also has two forms: unilateral rescission and conventional rescission. Unilateral rescission operates based on the unilateral declaration of rescission. At first sight, the creditor’s possibility to terminate the contract by rescission presents some practical issues regarding the conditions when it can be invoked, the form of the declaration, its legal effects (namely the real possibility of reinstating the parties in their previous position) and the statute of limitation of the right to invoke rescission. All these aspects were subject to our analysis, thus attempting to find the practical solution for enforcing this highly anticipated solution in the new social-legal context.

10

Authors: Associate professor Armand KRASNIQI

The privatization process in Kosovo with all its difficulties, permanent dilemmas entered into the final phase. Despite a considerable number of SOEs privatized until now there has not been any study done by any governmental or non-governmental body that will reflect more comprehensively the performance and its effects in economy. This process until now had several complex problems, changes and political, social, legal interests. In retrospective the privatization process in Kosovo evaluated by academics and media is considered to be one of the most specific and complicated phenomenon for the transformation of social assets in individuals or private enterprises. Its complexity has derived from what is meant by "social ownership" and who has been in fact its official in the past and which the rights are given to working class in possess management and governance. On these bases the Kosovo Trust Agency (KTA) founded by UNMIK in 2002 and later the Privatization Agency of Kosovo (PAK) founded in 2008 by the institutions of Kosovo after the declaration of independence (2007) have continued with the privatization 15 years later after the dilemmas and institutional transformation and we can say that economy in Kosovo is in collapse. PAK with all its successes admits that the difficulties of this process never stop. At the moment PAK is not recognized by the Special Chamber of Supreme Court of Kosovo and also there are problems and gaps in the law on the liquidation of social enterprises assets. The legal basis of OVGJS and the execution of the law for the reorganization of specific enterprises and their assets by shortening and simplifying the deadlines because they are causing serious bottlenecks and unwanted delays of proceedings.

12

Authors: Assistant Professor Ioana-Minodora RUSU

In the present study we have examined the provisions of Directive 2012/13 / EU of the European Parliament and the Council on the right to information in criminal proceedings and a compared examination relating to the provisions of Romanian law regarding ensuring the right to information within the Romanian criminal proceedings. The innovations and the value of the work consist of the examination of the European legal instrument, the comparative examination and the critical opinions and the proposals of de lege ferenda. As recognized in the jurisprudence of the ECHR, the right to information of the person suspected or accused of committing a crime or arrested for committing a crime on the territory of another Member State is part of the right to a fair trial, being necessary its compliance throughout the criminal trial, on the territory of each Member State. At the same time the European legislative act establishes a general procedure that needs to be respected by each Member State, which entails the obligation for Member States to ensure at least the same rights as for the citizen or the conditions under which a national of another Member State is suspected, accused or arrested for the commission of a crime. This paper continues the research conducted in the field of International and European judicial cooperation in criminal matters, which have resulted in the publication of papers in well-known publishing houses in the country and abroad, in national and international specialized journals or conference proceedings. The work can be useful to both theorists and practitioners in the field of judicial cooperation in criminal matters regarding the rights of certain categories of people and to the Romanian or European legislator for amending and supplementing the legislation.

19

Authors: Senior lecturer Valeri Lesmont BAHOKEN

The preamble of the constitution of Cameroon enshrines the principle of assimilation of foreigners into nationals through the Family law. However in concrete terms, this constitutional provision is undermined (limited, hindered) by a number of political and sociological constraints. The foreigner faces limitations in enjoying the said rights as well as in creating them. It is therefore necessary to amend the Cameroonian legislation so that it complies fully with the exigencies (requirements, needs) of fundamental rights, the construction of the universal human being (man in general), who will be governed by the same rules everywhere.

22

Authors: Assistant lecturer Etienne KENTSA

This paper aims at analyzing the legal regime for the enforcement of fines and forfeiture measures as provided by the Rome Statute of the International Criminal Court (ICC). The institution of this category of penalties and measures is unprecedented in international criminal law and has as major ambition of ensuring reparations for victims. The success of the restorative justice system under the Statute is dependent on the efficiency of the enforcement of fines and forfeitures ordered by the Court. Such success is actually based on domestic legal systems. Analysis of enforcement mechanisms of fines and forfeitures shows that the assistance of State authorities is vital in the enforcement of ICC decisions. To ensure effective enforcement of fines and forfeiture, the Statute enshrines the application of national legislation; which implicitly requires States Parties otherwise to adopt appropriate legislation, at least to undertake the adaptation of existing legislation. The satisfaction of this substantial requirement enables the States Parties to serenely execute their major obligations in this area (the obligation to give effect to fines or forfeitures ordered by the Court and the obligation to protect the rights of bona fide third parties).

5

Authors: Associate professor Cătălin-Silviu SĂRARU

Competence related to public administration occurs when, in the presence of a given situation, the administrative authority enjoys no margin of freedom, being forced to act in a strictly determined by law. Sometimes the law may allow public authorities a wider or narrower margin of appreciation on a concrete situation. The article analyzes the conditions under which government can exercise discretionary power within the law.

7

Authors: Lecturer Ovidiu – Horia MAICAN

The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

8

Authors: Mohsen DORRANI; Abbas TAGHVAEE

A question that most of jurists are faced with is, whether human blood is basically a property or not and is human the owner of his blood? Moreover, what is the difference between blood and other organs of the body from the viewpoint of ownership? If blood is a property, why human is not the owner? Unlike blood, there have been legal discussions on organ sale, where blood can be retrieved by the body while segregated organs are not retrievable by the body. Investigating various views about ownership of organs of the body, one can conclude that blood is a property owned by humans.

10

Authors: Associate professor Emilian CIONGARU

Since the accession of Romanian to the European Union, many unsolved problems related to the accountability and efficiency of the legal system and of the law enforcement bodies have been identified, a reason for which the European Commission justified the institution of a Mechanism for Cooperation and Verification as a political instrument for the monitoring and optimization of the progresses made by Romania to attain certain reference objectives specific to the field of reform of the legal system and the fight against corruption. This mechanism has been instituted to improve the functioning of the legislative, administrative and legal system and to repair the serious deficiencies in the fight against corruption. The goal of the mechanism for cooperation and verification was and is to ensure the adoption of those measures that may guarantee the Romanians and other member states that the administrative and judiciary decisions, standards and practices in Romania meet those of the European Union. The progresses made in the field of reform of the legal system and the fight against corruption will allow Romanian citizens and trading companies to enjoy their rights in quality of citizens of the European Union.

11

Authors: Dr. Hamidreza Rafiei FANOOD; Student Saeid AZOOGH

Regarding Human rights has been emphasized by governments through universal declaration human rights and its violations faced the global reaction in any case. From this perspective; the necessity of observing human rights against terrorism has been emphasized by many resolutions of the General Assembly, the Security Council and many regional resolutions. But, today especially after the September 11 events and America unilateral attacks by resorting to human rights and of course by considering the lack of international agreement on the norms, strategies and principles of human rights, the campaign against terrorism has started on the basis of its obligations, regardless to existing norms. So it would be said that today; the war against terrorism more than any other terrorist attacks threatens the security and human rights. However, human rights framework has never prevented effective and legitimate actions to the terrorist attacks. In other words; in the human right framework, there is no conflict with the campaign against terrorism, it emphasizes on identifying and fighting and even it guarantees the effectiveness of such a fight. As a result, Human rights violations at the expense of security, certainly associated with the destruction of both.

12

Authors: Ph.D. student Mihaela-Emilia MARICA

The increase in the number of atypical work contracts in the field of industry relationships, as part of a major European trend towards gaining more flexibility in the labour market, is significant and cannot be overlooked in most member countries of the European Union. This finding is corroborated by the recent surveys conducted across Europe, that reveal the prevalence of these flexible ways of organizing work, over the archetypal template of the individual work contract. However, this range of atypical contractual arrangements and the great number of versions and subcategories they include, are describing a number of negative features that seem to characterize these new forms of employment. Since the field of atypical employment is complex and we cannot analyse the incidence of these negative effects for all the atypical methods of employment, in the following article we will limit ourselves to explore the pressing issues related to the system of temporary work through work agencies. As we shall see, all aspects of the salary field, of health and safety at work and the level of insecurity and instability of labour through temporary work agency reveals a strong character associated with this kind of precarious employment.

12

Authors: Assistant professor Aboul Hassan Mojtahed SOLEIMANI; Ph.D. student Mohsen Emami GHASHLAGH

In legal systems, the intention of people in certainty of legal performance plays the main role and the contracts & transaction attributes to persons' intention as the general & public principle. The people by their intention establish obligation & undertakings for themselves and others in the frame of contracts & unilateral obligations, in the realm of law to obtain the commitment force for his/her intention that causes establishing the commitments and the responsibilities of the peoples. The volition is consisted of intention & consent elements for establishing the commitment, in other words each of these elements, intention and consent are efficient in the situation of legal act through canceling or lack of legal act influence. The quality of this effecting and performance guaranty of the lack of each main conditions in certainty of the volition in the field of contracts have been considered and the rule in the field of contracts has been clarified in civil code but in unilateral obligations, in respect of unilateral obligations, there are some ambiguities in the role and clarifying basic conditions which these ambiguities are the results of leaving unsaid the many regulations about unilateral obligations in civil code by the jurisprudents and the legislators. In this article creative intention in unilateral obligations to be surveyed and it would be a step for clarifying the opposed and agreed views.

14

Authors: Lecturer Aurel Octavian PASAT

This paper aims to highlight the fact that crime, including that committed in the customs sphere, has a certain structure, made up of acts of smuggling and the evasion of customs payments, combined offenses under art. 248 and 249 of the Criminal Code of the Republic of Moldova. In addition, by presenting statistical data reveal that crime has a certain way, a certain dynamic (increases or decreases stationary). State and dynamics of crime are two Subconcepts criminology. If the structure crime of known composition and configuration phenomenon in a certain unit of time and in a certain space, dynamics helps to develop more realistic assumptions on the causes that generate or facilitate crimes, some forecasts on its deployment in the future, and effective means of preventing and combating the phenomenon. In the study they were used various research methods, including: analysis, synthesis, deduction, induction. In the study are advanced some proposals to improve the legal framework incriminating in developing tools for identifying features of criminal-law of customs offenses under Moldovan law, which led to the submission of proposals to improve the text of the law to prevent and combat crime in the customs sphere.

15

Authors: Associate Professor Luminița DIMA

The working time is defined by the European Directive concerning certain aspects of the organisation of working time. The meaning of ‘working time’ and applicability of the Directive’s requirements was further clarified by the Court of Justice of the European Union in its case law, with respect to various situations such as: working time of the employees who perform work on call, working time of the foresters who are provided with tied accommodation within the range of forest within their purview and qualification of the time spent by workers when travelling from home to work. Over the past years such cases have been more often met in the employment relationships in Romania, especially as regards work on call and mobile employees. Since there are no specific legal provisions to clarify the legal regime applicable to such situations, whether and in which circumstances they represent working time and the corresponding rights and obligations of the respective employees, the study aims to analyse such situations from the perspective of the Romanian labour relations by comparing the European legislation and case law with the Romanian national legislation in view of finding some specific answers useful for the interpretation and application of the Romanian legislation in such specific cases.

15

Authors: Assistant professor Mohammad Ali Mahdavi SABET; Ph.D. student Sajjad MAZLOUMI

There has been many talks about the necessity of ethics in all affairs, especially medical affairs which deal with the lives of individuals and the society expects Medical Group to be abide by morals more than laws. This matter indicates on the fact that the society considers ethics as a stronger enforcement of the law and deplores a doctor who has ignored ethics in the medical profession. Thus, they blamed the doctor from ethical aspect more than deploring him from a legal aspect (civil or criminal liability). The legislator is also influenced by public in anticipation of responsibility (both criminal and civil) for doctors and imposes legal rules on this basis. The concept of this article has an extremely close relationship with three concepts of morality, professional ethics and law. Initially first two concepts will be defined and separated and then the relation between professional ethics and medical laws will be expressed. Then, the relation between two concepts of medical ethics and bioethics ethics will be evaluated. Two religion or secularism basis have been taken for medical rights and strengths and weaknesses of each are discussed and the approach of the Iranian legal system will also be mentioned with evaluation of controversial medical samples.

17

Authors: Professor Constanţa-Nicoleta BODEA; Associate professor Augustin PURNUŞ

Construction projects are characterized by risks and uncertainties mainly due to technical and economic complexity. Risk management is an important tool in making decisions involving the identification and reduction, avoidance or transfer risk and uncertainties consequences of events that occurs during project implementation. For this reason, the objective of the contract between the beneficiary and the contractor is the allocation of risk. The distribution of risk in contracts for the execution of construction works was and is an ongoing challenge faced by parties having a significant impact on the type of contract is used. On the one hand, the beneficiaries tend to transfer to the contractors as many of the project risks and uncertainties, on the other hand, the contractors look to exploit any weakness contract, so as to reduce their impact on the expected profit. One of the most important risks assumed by the contractor by signing the contract which is also increasingly common in the current economic situation is the reduced financial capacity to support the project. A purely legal or purely technical interpretation is not meant to describe the complexity of issues related to implementation of construction projects. For this reason the authors have adopted a multi-disciplinary approach, which includes the legal issues related to the nature of the contract, but also the financial and technical aspects of construction projects. The paper aims to analyze how special contract clauses can influence the implementation of construction projects and in particular the financial management of contractors. The authors propose a model for analyzing the impact of FIDIC contract conditions applied on a case study of five transport infrastructure projects.

18

Authors: PhD Habil, professor Tekla PAPP; Assistant professor Ádám AUER

At the development and to the comprehension of the regulation it is necessary to ascertain that in our view, the subject of the regulation is the operation of the company. The regulation regulates the problems arising specifically during the course of the operation of the company, as an „ex ante” tool and by the avoidance of that upon the cessation of the public company, any unjustified or inconcievable costs (social costs) should rise. As an example, there are the infamous earlier corporate scandals (Enron, Parmalat, Vivendi Universal), the infringements of which drew critical social (budget) costs, as they left behind unsettled creditors’ claims, plenty of workplaces got terminated, etc. To prevent this, one of the techniques is corporate governance, as it focuses on such mechanisms during the course of the operation of the company as direction and control. With this, the cessation of the company can presumably be avoided, as it is publicly acknowledged that the majority of corporate scandals descend from the faults of leadership, direction and control. Based on the above, we may ascertain that in our perception, under ’corporate governance’ it’s the legal facts or interests relevant in the course of the operation of the company what become regulated in terms of corporate law.

19

Authors: Ramona Elisabeta CÎRLIG

Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furthering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, and at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

29

Authors: Assistant lecturer Joseph Emmanuel YAYI LIPEM

On the 21st of December 2015, the Cameroonian legislature adopted Law N° 2015/018 with the aim of modernizing the mechanisms put in place for the supervision of the commercial activity in this State. This modernization results in the establishment of tools aimed at eliminating situations which are detrimental to the contractual balance. The idea behind these provisions is to reinforce the clarity and integrity of consent when concluding the contract, while at the same time eliminating the abuses that have endured during the conclusion. However, the assessment of these measures reveals a diminished efficiency. These shortcomings are due to two reasons: the discrimination against the protection of victims of the imbalance according to the "consumer / professional" distinction made and the lack of instruments to restore the balance in the contractual relationship of the parties.

6

Authors: Lecturer Ana VIDAT1, PhD

Failure to conclude individual employment contract as provided in the applicable legal rules in the field of legal work brings into question the concept of "undeclared work" – one of the important issues facing the Romanian society.

9

Authors: Lecturer Dragoş Lucian RĂDULESCU, PhD

Enforced execution is the legal way by which the Creditor under an enforceable order protects his rights by resorting to coercive force of the state. When the Debtor does not comply voluntarily, the Creditor may appeal to the Bailiff to commence the enforced execution in all manner prescribed by law. Of course, the start of compulsory execution is limited by the conditions of admissibility imperatively specified in the law, principally the condition to exist an enforceable order owned by the Creditor. Regarding the order to be enforced, it can be represented either by an enforceable or final judgement, with provisional enforcement or any other document that can be enforced. Procedurally, the provisions of Art.712 of the Civil Procedure Code allow the introduction by a Creditor who has a litigation to execution against the execution itself, against the Closures issued by the Bailiff, and against any other act of enforcement. Jurisdiction of the Court in this matter will be of the Executor Court or the Court in whose district the Debtor is situated, on the date of the appeal. The appeal of the Debtor questions the Parties not only over the acts of execution because the appeal is also allowed over the explanations relative to the meaning, scope or application of the enforceable order, but in the conditions limited by the legal nature of this order. Thus, according to the law when enforceable order is not issued by a Court or Arbitration may be invoked before an Executor Court including reasons of fact or law which could not be discussed during an earlier trial, in the first instance or in an appeal. Basically, if enforced execution is under an enforceable order that is not from a Court, these reasons can be invoked when there is no other processual mean for its abolition. There also can be submitted a complaint against the Closure by which was upheld the appeal for an enforced execution, and the act of execution concerning the division of the common property or common goods. For the purposes of the foregoing ideas, the article details the mean of introduction the execution appeal for recovery of emoluments arising from a legal labour relationship. Creditor’s debt is represented by the financial rights related to the management function held in a public institution. Regarding the enforcement order it is the Decision of the Appeal Court by which the Debtor public institution is obliged to cover the material damage suffered by the Creditor civil servant, starting from the time of his dismissal from the management function until effectively reintegration on the same position. There are analysed the Debtor’s appeals requesting the annulment of execution acts issued by the Bailiff, and the execution itself, the appeal motivation, the defences of the parties in fact and in law, and the role of the Court during the course of the procedure.

10

Authors: Associate professor Cătălin-Silviu SĂRARU, PhD

Article analyzes the premises which made possible the creation of a European Administrative Space in the European Union. Are researched the criteria for belonging to the European Space, the conditions for the existence of a European Public Space and the notion of the European Administrative Space. They emphasize the factors that can determine a unified transnational public law by analyzing the administrative convergences in Europe. Today we find that although the term and concept of law of public administration differ from one national system to another, it is possible an agreement on a common definition of administrative law, as a set of principles and rules that relate to the organization and administration management public and relations between governments and citizens.

11

Authors: Lecturer François EDIMO, PhD

Law No. 2014/28 of 23 December 2014 on the suppression of acts of terrorism in Cameroon was enacted in a context characterized by the resurgence of terrorism. But the caution with which it was greeted raises questions about the formal technique used by the legislator. A content analysis of this law, we come to two conclusions: First the legality principle is violated because the offense is not defined and it is formulated in vague terms. Second, the prominence it gives to mobile and indifference of the means used in the commission of the offense exalt guilt.

13

Authors: Iuliana-Gabriela IACOB; Ramona-Elisabeta CIRLIG

The Energy Charter Treaty (the “ECT”) is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

15

Authors: Professor Ion RUSU, PhD

Throughout this paper we have conducted a general examination of the principles under which it is regulated the newest form of European judicial assistance in criminal matters, namely, the European Investigation Order in criminal matters. The examination is focused in particular on the necessity and importance of establishing this new form of legal assistance in criminal matters between the Member States, given that it will override the order of freezing property or evidence in the European Union. When examining the general principles of this form of assistance we have noticed some imperfections of the European law, therefore we have formulated some critical opinions, supplemented by proposals of de lege ferenda. At the same time, given that up to May 22, 2017 the European legal instrument will have to be transposed into the Romanian law, we have formulated some proposals of de lege ferenda aiming at the improvement of Law no. 302/2004 on international judicial cooperation in criminal matters, republished, as amended and supplemented. The innovations of the work regard the examination of the general principles set out in the Preamble of the European legal instrument, the importance and the necessity for adopting this regulation, as well as formulating critical opinions supplemented by appropriate proposals de lege ferenda. The current study follows other works in the international and European judicial cooperation in criminal matters domain, published in some national and foreign publishing houses and in the volumes of international or national scientific conferences. The work can be useful to academics, practitioners in the field and to the Romanian legislator from the perspective of transposing the provisions into the national law of the European legal instrument.

16

Authors: Lecturer Camelia Daciana STOIAN, PhD

The article aims at procedural mechanism of application of art.147, paragraph 2 of Romanian Constitution3, in the specific case of pronouncing an unconstitutionality decision which concerns a law in draft before its promulgation, but especially focuses on the effects produced by such a normative act adopted without consideration of the Constitutional Court Decision. In other words, the Parliament, although bound to reconsider those provisions to bring them into line with the Constitutional Court decision, for failure to comply with this obligation, it brings us into the situation of prevalence inability of this Constitutional Court Decision and breach of a law in force which was, moreover, declared unconstitutional still at the planning stage. In this way, we find that the effects in question are reflected in an unfavorable way; above all the interest of local collectivities; and raises a big question mark on the achievement of both the "joint" powers of Parliament's own, and the concept of "local autonomy" by those who exercise it, knowing your rights, obligations and limits allowed.

29

Authors: Lecturer André Desmonds EYANGO DJOMBI, PhD

The last reform of the Uniform Act on General Commercial Law OHADA reconsidered several pieces of commercial law. The concept of leasing has not been spared. She, who was accompanied by the "commercial" substantive, has been transformed into "commercial lease". Question of style or simple semantics? Certainly not, because the legislature in 1997, had not previously dared revise the designation commercial lease that no longer fit with the extension of the beneficiaries he had devoted himself. With the reform of December 2010, the institution of the lease has just renamed. Parliament also confirmed the extension of the scope of economic actors involved in the protection of the lease. The regime of former Uniform Act was therefore not fully extended, particularly since we noted another significant change in the new text. Contrary to former Article 69 which devoted two cumulative criteria necessary for the implementation of the lease of the regime, including the situation in a populated city of more than 5,000 people and membership of local under lease to a designated class2, the new text retains a single criterion, that of belonging to a local specific category. This mutation disrupts some basics of goodwill theory. Indeed, with the increasing scope of lessees, there is a sliding protection to professional trader. This causes result in a substitution of the lease of the foundation that passes from customer to the profession. The loss of the privileged place of business customers coupled with doctrinal and jurisprudential developments in the theory of civil customers, argue for an assimilation of the different customer categories.