THE ROLE OF STATE POWERS IN THE DEVELOPMENT OF BUSINESS ENVIRONMENT
Authors: George GRUIA, George Cristian GRUIA
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"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
GUARANTEE ON ALL THE ASSETS OF THE DEBTOR IN INSOLVENCY PROCEEDINGS
Valentin – Stelian BĂDESCU
FRAUD IN ELECTRONIC COMMERCE
SOME PROSPECTS ON THE LABOR CONFLICTS
Adriana Elena BELU
THE APPLICATION PROCESS OF HAMBURG RULES, GIVEN THE CONTEXT OF THE EMERGENCE AND ENTRY INTO FORCE OF THE NEW ROMANIAN CIVIL CODE
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
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
UNFAIR CONTRACTUAL TERMS AND PRACTICES IN RELATION BETWEEN PROFESSIONALS
Alina Mioara COBUZ BAGNARU
ROLE OF ARBITRATION AS AN ALTERNATIVE TO STATE JUSTICE
SOME CONSIDERATIONS REGARDING THE REVOCATION OF THE COMPANY DIRECTOR
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
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
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.
Key words: oil concession, mining concession, public-private partnership
JEL Classification: K23
THE OIL AND MINING CONCESSION IN EUROPEAN PERSPECTIVE
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.
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
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
George GRUIA, George Cristian GRUIA
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.