Perspectives of Law and Public Administration

31-35

Authors: Lecturer Laurenţiu DRAGU PhD. student Denise MARTALOG

The study that we will undertake is going to capture a comparative analysis of the aspects related to the vices of consent (error and fraud) and hidden vices. In practice, in the case of a sales contract, the same situation can be classified both in the category of hidden vices and in the category of consensual vices (error or fraud). So, the problem that arises in such cases is: can the buyer opt either for the liability action for hidden vices, or for the nullity in action for error or fraud, or is he obliged to promote only one of them? Specifically, the research aims to highlight the possibility that a circumstance can be qualified simultaneously as both a hidden vice and a vice of consent, also providing clarifications for the practical solution of this situation.

41-49

Authors: Lecturer Aurel Octavian PASAT

The economic and political development of society is always associated with the worsening of relations between its members. An extreme manifestation of the antisocial orientation of the actions of individual members of society is criminal activity. Criminality not only undermines the authority of state power, but also represents a threat both to the economic stability of society and to every citizen, that is why crimes against the person open the Special Part of the Criminal Code of Romania. Unlike previous criminal laws, this arrangement of the chapter indicates the priority of protecting the person, the group of crimes against the person being united by a single direct object, human life. The relevance of the subject of this paper lies in the fact that it highlights the specific general features of crimes against the person, in order to qualify these prejudicial acts criminalized in the articles of Title I of the Special Part - Criminal Code of Romania.

57-64

Authors: PhD. student Liviu Alexandru NARLĂ

The disposition of the return of the forced execution by the court, following the abolition of the enforcement title or the forced execution itself, leads to the creation of a new paradigm, in which the creditor of the forced execution, whose patrimony has increased, becomes the debtor of the obligation of restitution, to the debtor of the forced execution , and which in turn becomes the creditor of the restitution obligation. The natural consequence of the solution of admitting the return of enforced execution requires the restoration of the previous situation, which will be done in the register of the general provisions provided for in art. 1635-1649 of the Civil Code. The effective method of restoring the previous situation converges on the analysis of different civil law principles, with similar valences but different effects, especially the principle of restitutio in integrum and the principle of full repair of the damage, in the perimeter of good faith and bad faith of the debtor of the restitution obligation. In the context of the civil circuit, situations may arise, in which the main method of restitution of benefits, in kind, is no longer possible, so new practical difficulties arise in restoring the previous situation, in this framework, the incidence will be analyzed for interest - moratory damages and compensatory damages.

74-81

Authors: Lecturer Nqobizwe Mvelo NGEMA Professor Desan IYER

Islamic law apportions different responsibilities to males and females because Allah created men with greater physical strength if compared to female counterparts. As a result of this men are mandated to be the protectors and financial providers to women and are given more inheritance if compared to women because of such responsibility. This justification of discrimination is likely to be challenged very soon. Any child born from unmarried parents and adultery (zina) is stigmatised as walad al zina (extra-marital child) for his entire life and is forbidden from inheriting an estate of his biological father. This exclusion constitutes an unfair discrimination against extra-marital children and is an affront to their human dignity. A comparison conducted shows that the South African common law does not discriminate between males and females and extra-marital child is not forbidden from inheriting the estate of his deceased biological father.

86-98

Authors: Associate professor Valeria GHEORGHIU

In Romania, people with intellectual or psychosocial disabilities did not have the right to marry, divorce, be parents, adopt children and could not access a bank loan. According to the law, many of these people have been banned by the courts. The current legislative reform in the field emphasizes the degree of autonomy of the protected person, respect for specific needs, will and wishes. Currently, we are witnessing a new, modern legislative approach, in accordance with the needs felt at the social level, as well as in the practice of the courts, in harmony with the international and constitutional requirements in the matter.

111-123

Authors: Senior Lecturer Tapiwa Victor WARIKANDWA Professor Howard CHITIMIRA

Chronic levels of narcissism, animosity, envy, and a fixation with toppling individuals who are thought to be making solid academic progress have grown common in African academies. Anti-progress proponents, whose egocentric behaviour and/or tendencies are linked to “black magic” tactics, no longer regard academic competence/excellence. These African academic “black magicians” place a greater emphasis on individuals than on academic matters, spend more time hopping from one office to the next for no apparent reason, and thrive on institutional politicking. They regard hardworking colleagues as threats or “academic fetishes” who must be “exorcised” from African academies to keep incompetent/sloppy individuals who represent no threat to their positions or minor interests and whom they can manipulate. Based on an examination of legislation limiting black magic in South Africa and Zimbabwe, the article contends that intellectual jealousy, narcissistic behaviour, and other associated evil conduct emanating out of envy in African academies should be categorised as black magic or witchcraft.

130-142

Authors: Associate professor Andrada NOUR

Opposable erga omnes, the right to life is an absolute and intangible right of the human being and is protected by criminal law in the interest of the whole society, including for the purpose of ensuring human coexistence. In other words, the interest of the criminal law is to impose on all citizens the obligation to respect the life of each individual, to respect the human desire to live. Seen as an attempt on the person’s life, the act of determining or facilitating suicide could not remain outside the incrimination in the Criminal Code as a crime. The present paper is a study of this incrimination from the perspective of the defense of the right to life.

11-15

Authors: PhD. Cristina Elena POPA (TACHE)

The modern challenges of the banking and financial field have accentuated the rise of cross-border financial transactions. Specific developments in domestic financial markets, and in particular technological progress, have led to the need for international agreements on how international financial and banking activities should be conducted. For such agreements between states, however, there is a long way to go between accepting, initialing, acceding and ratifying the entry into force of a treaty. They range in scope from private cooperation agreements to international treaties signed by sovereign nations, which include clauses on dispute settlement mechanisms as well as conditions of execution. A modern category of such treaties includes clauses that regulate in a certain way certain aspects of the financial-banking field in close connection with international investments, such as the clause that includes the standards of the transfer of funds from the investment treaties. The research methods used for this study are comparative and quantitative, with specific advice to identify the most appropriate scientific solution, converging from the Kapstein approach (1994 - "international cooperation based on home country control") to modern approaches created by the emergence of new ones. financial-banking centers and from protection against economic crises.

30-38

Authors: PhD. student Denise Cătălina MARTALOG

This study aims to capture issues related to the surviving spouse's special right of inheritance over furniture and household items affected by the common use of the spouses. The origin of the subject is art. 974 Civil Code, which establishes, under certain conditions, a special right of inheritance in favor of the surviving spouse over furniture and household objects affected by the common use of the spouses. Although the existence of this right dates back more than six decades, the provisions of the Civil Code, as we will see in the analysis we have undertaken, are not able to provide a solution for all practical situations, which fall under its scope. In this regard, we sought to, by interpreting the relevant provisions, provide a coherent solution for the equitable distribution of goods belonging to the analyzed category. In the elaboration of the study, we will highlight the following: general aspects, granting conditions, legal nature, the way of dividing furniture and household items affected by the common use of spouses, conclusions.

50-55

Authors: Associate professor Ioana Nely MILITARU

The adoption of the budget of the European Union is carried out through a special legislative procedure. This is a version of the regular procedure, which is specially adapted to the particular characteristics of the budgetary process. The budgetary function in the European Union is exercised by the Council together with the European Parliament. The two institutions have equal powers in the budgetary procedure, following the Treaty of Lisbon (signed in 2007). Budgetary powers involve the determination of the total amount and distribution of the annual expenditure of the European Union as well as the revenue needed to cover it. The EU's long-term budget and NextGenerationEU (NGEU - the temporary instrument designed to stimulate recovery) will form the largest incentive package ever funded in Europe.

61-70

Authors: Assistant professor Diana Geanina IONAȘ

Liquidation is that certain legal operation which ends the community of goods that arises by marriage through the separation of the spouses’ goods. During this operation, the parties agree upon the mass of common goods, determine the common debt and establish each parties’ contribution to the purchase of common goods and contracting common debt. This operation is mandatory and can be achieved through the courts of law or by the public notary. The advantages of liquidation by mutual agreement are obvious and pertain to saving time, money and effort. This material represents an extensive study on the character, means of operation of liquidation, by discussing both theoretical aspects, as well as practical aspects which pertain to the act of liquidation.

79-87

Authors: Associate professor Andreea Elena MATIC Lecturer Ștefania Cristina MIRICĂ

The public manager is a civil servant with special status and attributions, whose specific duties imply carrying out the reforms in public administration, adapting the activity of Romanian institutions to the specific and standards of European Union institutions and ensuring the smooth running and the efficiency of public authorities and/or institutions. In the present paper we aim to analyze the institution of public manager mostly from the perspective of the applicable deontological rules. We will also refer to the particularities of the current period due to the COVID-19 pandemic and the measures that need to be taken in each institution, both to ensure the efficient carrying out of the specific activities and also to ensure the health protection for the civil servants and the beneficiaries of the public services. In order to achieve our purpose, we will analyze both the legal frame specific to public managers in several public institutions (such as hospitals, public libraries, universities) as well as the special legal norms established to prevent or restrict the spread of the pandemic, one of the most recent being the Decision no. 94 of 25th October 2021.

103-110

Authors: Professor Kola O. ODEKU

Climate change is ravaging the whole world, but the poor vulnerable developing countries are the hardest hit even though they are not primarily responsible for the massive greenhouse gases emissions causing global warming and climate change. This is tantamount to climate injustice as they are being impacted severely and have limited capacity to mitigate or adapt to the changing climate. Consequently, there is a need to share the burdens of climate change equally and equitably without discrimination. This paper submits that the developed industrialized rich countries are primarily responsible for climate change due to their massive emissions of greenhouse gases because of their industrial activities. Of note, most of the equipment and machineries used for production and other activities in these countries, utilized fossil fuel and emit greenhouse gases in the process. As such, justice demands that they have to be responsible for providing adaptation and mitigation measures to the developed countries through the mechanisms provided and set out in all international law instruments and agreements reached at the various Conferences of the Parties (COPs). A proportion of the monies and revenue received from the activities resulting in the emission of greenhouse gases are to be allocated to developing countries for adaptation and mitigation of climate change for them to be able to have clean environment, wellbeing, and sustainable livelihood. More importantly, it is imperative to transit to zero emissions globally this can be made possible using renewable energy as an alternative to fossil fuel. The international communities should therefore improve their strategies and effectiveness regarding the implementation of all the treaty agreements on zero-emission to attain climate justice for all.

125-133

Authors: Lecturer Raluca Antoanetta TOMESCU

In the current system of Romanian law, as in other European countries, the contravention was removed from the scope of criminal law, which is subject to an administrative regime, the option of the Romanian legislator being, obviously, to give it an independent character. Although it enjoys its own regulation, the contravention is still marked by the influences of the old regulations, in which it was assimilated to criminal matters, and the current normative framework is supplemented with the imperatives of the Civil Code, the Criminal Code, but also those of the Code of Civil Procedure. Thus, located at the border of several branches of law, a state of ambiguity was created, which was reflected in a nonunitary application of the law by the courts. In judicial practice, when the nullity of the record of finding and sanctioning the contravention was invoked, the solutions given were divergent, not only regarding the nature of the nullity that operates, but also regarding the imperative of showing an injury that can only be removed by annulment of the act. Consequently, the present study aims to analyze the conditions in which the record of finding the contravention is sanctioned with the nullity and influence of other branches of law on them, as well as the difference between the annulment of an administrative act that harms a right or a legitimate interest of the person and the nullity of the legal act concluded with the non-observance of the legal conditions provided for his validity.

142-156

Authors: PhD. student Gabriela TEODORU

Each nation has developed its own system of regulation on the ownership, use and movement of agricultural land to ensure the most beneficial use of land. However, Member States must ensure that national regulations do not conflict with European law. Restrictive measures for the acquisition of agricultural land were taken by some Member States at the end of the transitional period during which the Accession Treaties allowed EU investors to be restricted from buying agricultural land in these countries. It is mandatory to analyze to what extent some of these regulations violate fundamental EU principles, such as the free movement of capital and non-discrimination on grounds of nationality, in order not to distort the business environment and to ensure equal treatment before the law for all EU citizens. The assessment of the proportionality and non-discriminatory nature of these regulations requires a good knowledge of the practical effects that these normative acts will have. For this reason, it is appropriate that in the next period legal professionals notice all the difficulties that will appear in the process of applying these regulations as well as the practical manner in which their application is likely to lead to the achievement of the objectives assumed by the legislator. Certainly, sooner or later the CJEU will be called upon to rule on the compatibility of these regulations with Union law and the research undertaken during this period will be used for the correct assessment of the impact of these new laws.

165 - 168

Authors: PhD. student Anis BENABED

This paper presents & analyses the arguable situation & impact of globalization on international law. Globalization has become such a major phenomenon that changes so many rules & aspects from a short term to a long one. The fact that globalization challenges the natural aspects of legal order on the international level, makes competitiveness in advance due to so many major threats in the international society, international market, development & integration. Globalization in other words has such an impact on the market structure and revenues that’s why it adapts the international law in different terms. Globalization nowadays is countering the present & future law by putting in order & consideration new global institutions & norms for the corporation law. But it threatens as well so many socioeconomic challenges that map the future of international law. The game between globalization & international law is complex so it appeals always to new majors but for the future, it is completely better to rely on & look for creative solutions.

176-188

Authors: Professor Howard CHITIMIRA Post-doctoral researcher Friedrich HAMADZIRIP

Shareholder activism refers to any legal mechanisms that disgruntled shareholders invoke to change an investee company’s undesirable decisions, policies and practices. Shareholder activism entails, inter alia, measures, campaigns and/or proposals that are employed by one or more shareholders of a company to effect some reform in that company regarding its business, governance, management, strategy or in respect of a particular corporate action or fundamental transaction that is considered or undertaken by their company. Therefore, shareholder activism is one of the tools that could be employed by shareholders in Zimbabwe to voice their concerns and change certain poor corporate decisions and/or illicit conduct of company directors. As such, shareholders of companies in Zimbabwe have a plethora of mechanisms that could assist them to voice their concerns and promote good corporate governance practices. For example, in 2014, Zimbabwe introduced the National Code of Corporate Governance (Corporate Governance Code 2014) which consolidated corporate governance principles in a single policy instrument. The Corporate Governance Code 2014 empowers shareholder activist to promote good corporate governance practices by selling their shares, exercising their right to vote at annual general meetings and enforcing certain disclosure and transparency requirements in Zimbabwe. Zimbabwe has also recently enacted the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 (COBE Act). The COBE Act provides shareholders with several avenues such as the derivative action, the oppression remedy and the appraisal remedy by which disgruntled shareholders could compel company directors to change their decisions and actions. However, despite these legislative and self-regulatory activism mechanisms that shareholders could employ to improve good corporate governance practices, corporate mismanagement remains a major problem in Zimbabwe. This article analyses shareholder activism under the current self-regulatory and statutory framework in Zimbabwe. It appears that the current statutory and self-regulatory framework for shareholder activism is flawed and inadequately enforced to combat shareholder passivity challenges in most companies in Zimbabwe. Accordingly, some recommendations that could be employed by policy makers and other relevant stakeholders to effectively promote shareholder activism in Zimbabwe are provided.

205-213

Authors: Student Shkodran REXHAJ Student Armend KRASNIQI

Succession is a theory and practice in international relations to regulate matters relating to the inheritance of states. This theory has its roots in nineteenth-century diplomacy and has attracted the attention of scholars especially after the dissolution of colonies and federations such as the Soviet Union, Czechoslovakia and the Socialist Federal Republic of Yugoslavia where many questions and problems arose that had to be resolved in terms of rights and obligations of the successor states to the predecessor state. The purpose of this paper was to analyse succession as a theory and practice and to review its application in the case of Kosovo. Several research methods have been used to achieve this goal. The analytical method is used to substantively analyse the key theoretical issues related to the succession process. The second method is the descriptive one, where different examples of succession conclusions are described. Through the qualitative method, the contents of the two Vienna Conventions, the 1978 Convention on the Succession of Treaties and the 1983 Convention on the Succession of States over Public Property, Archives and State Debts, have been studied in more depth. To study the succession in the case of Kosovo, two international agreements have been analysed: the 2001 agreement signed between the successor states of the SFRJ and the Comprehensive Agreement proposed by Ahtisaari in 2007 to resolve Kosovo's status. From this applied methodology, the knowledge of the object of study has been achieved. The main results of the paper are: the succession of the Kosovo case was not resolved through the 2001 Succession Agreement as Kosovo was not a republic and was signed by Serbia-Montenegro Union, Kosovo in the statement of the independence has stated that it will take over the obligations related to its name from the former SFRY together with the obligations from June 1999 to February 2008 when Kosovo was administered by UNMIK.

363-371

Authors: Professor Howard CHITIMIRA Post-doctoral researcher Friedrich HAMADZIRIPI

There has been several efforts to liberalise economic integration in Africa by removing tariffs and non-tariff barriers to enhance the free movement of goods and services such as human capital and intellectual property in Africa. This is evidenced by a plethora of regional economic communities (RECs) that have been established in Africa. Some of the prominent RECs in Africa include the Economic Community for West African States (ECOWAS), the Common Market for Eastern and Southern Africa (COMESA), the Economic Community for Central African States (ECCAS), the East African Community (EAC) and the Southern African Development Community (SADC). Almost every African state belongs to at least one REC. Unfortunately, most of these RECs have failed to promote economic integration among their member states. This could be attributed to several factors which include ambiguity on the status of REC decisions and resolutions in member states, complex rules of origin and dysfunctional decision-making, dispute resolution and enforcement mechanisms of the RECs. However, the promulgation of the African Continental Free Trade Area (AfCFTA) agreement has seen the dawn of a new era to liberalise economic integration at continental level in Africa. The technicalities surrounding the rules of origin could raise questions on the applicability of AfCFTA in Africa. It is imperative that drafters of the AfCFTA agreement learnt from the shortcomings of African RECs which are building blocks of the AfCFTA. In this article, the authors examine the legal implications of the AfCFTA’s rules of origin on economic integration and constitutionalism in Africa.

386-393

Authors: Lecturer Valentina CORNEA Associate professor Andreea Elena MATIC3 Professor Florin TUDOR

In the present paper we aim to analyze the specific situations of several minorities groups Republic of Moldova has developed an ample legal framework for the protection of minority rights. The political and legal measures concerning the protection of minorities targeted to assign certain special forms and conditions of autonomy by establishing special statutes adopted by organic laws. There are put to the issue the interpretations of territorial and nonterritorial autonomy as policies for the minorities’ protection. The study argues that any model of autonomy, whether territorial or non-territorial, is viable when it can provide three desiderata: The protection of ethnic identity, impact on human development and the maintenance of the national unity of the state. The choice of territorial or non-territorial autonomy must be weighed depending on the moral force of identity claims. The political and legal measures adopted by the Republic of Moldova by rendering territorial autonomy to Gagauz ethnicity disregard the basic criteria for assessing the claims of ethnic minorities, largely ignoring the normative political theory in the analysis of decisions that target the management of ethnic diversity. We suggest that for the Republic of Moldova a model of non-territorial autonomy will respond more effectively to identity manifestations, provided that they are assumed as “local management” in the ethnocultural sphere, based on the principle of local autonomy and decentralization.

405-415

Authors: Professor Anca-Lelia LORINCZ Lecturer Adriana Iuliana STANCU

In the framework of the procedure for the execution of the European arrest warrant, as a form of international judicial cooperation in criminal matters, it is necessary to take preventive measures of deprivation of liberty against the person requested by the issuing State. In order not to infringe the right to liberty and security of the requested person, deprivation of liberty through these measures must be carried out in strict compliance with the legal requirements set out in both international documents and domestic legislation of the Member States of the European Union. Compliance with the law can be ensured, however, only by developing clear, predictable legal rules that, as far as possible, do not give rise to different interpretations in judicial practice. From this perspective, starting from the finding of the nonunitary interpretation and application of some provisions of the Romanian special law on international judicial cooperation in criminal matters (Law no. 302/2004, republished), this study addresses the issue of the legal nature of custodial measures ordered prior to the resolution of the request for the execution of a European arrest warrant, respectively prior to the surrender based on a European arrest warrant, ending with a concrete proposal of law ferenda on completing these provisions in order to ensure a unification of judicial practice in the field.

422-426

Authors: Associate professor Manol STANIN

The free use of works by third parties is placed in normative dependence on three conditions which together form a legal basis for the free use of copyright objects without the consent of the author and payment of remuneration. This process is accompanied by the specifics of each case, given the relation author-object of artistic intellectual property, expressing his creative individuality and hence the needments that determine his legitimate interests in the work he created - the object of intellectual property. The admissibility of free use is also relevant to other dynamic quantities that characterize the matter subject to legal regulation. Maintaining a fair balance between the rights and interests of copyright holders and users of protected objects depends on compliance with the new electronic environment, as well as the proper and unhindered functioning of the internal market in the field of copyright and related rights. Legal relevance is given to another dynamic relation with elements of technological development and its consequences associated with the existence of new forms of use of copyright objects. The systemic conditionality of the above-mentioned factors predetermines the application of a systematic method of scientific research to find acceptable and effective solutions in the legal framework of the free use of works. These are circumstances that together form the preconditions for arguing relativity in the free use of works.

432-434

Authors: Ma. Sc. Fatime DËRMAKU

Mediation is a dispute resolution mechanism between the parties on a dispute, which is characterized by: flexibility, time and monetary efficiency, confidentiality, as well as other elements that make it a suitable method for resolving disputes. The objective of this paper is to present the settlement of landlord-tenants disputes through mediation, as it is well known that the rent-lease relationship is a very widespread problem, in modern times. This paper was conducted as a literature review, through the following methods: descriptive, comparative, and analytical methods. Disputes between tenants and landlords cause a burden on the judicial system, reduced quality of life between the parties to the dispute and economic damage to both parties. Mediation, as an alternative process of dispute resolution has resulted to be an appropriate process for resolving landlord-tenant disputes due to time and monetary efficiency, maintaining positive relations between the parties and preventing individual and social economic damage.

448-455

Authors: Independent legal consultant Nqobizwe Mvelo NGEMA

The marrying off of minor children that are below the age of 18 years has been common in Bangladesh for more than a century. The objective of the study is to discuss the legislative framework that regulates child marriages in Bangladesh and assess whether there is any progress made or not. The second objective is to discuss the main causes of child marriages and assess whether Bangladesh has complied with its international human rights obligations or not. The study adopted the desktop research and relied on the information available on books, journals and legislation. The study found out that there is no political will to end child marriages because the legislative framework forbids child marriages but also permits it if it is condoned by the parents and the courts. Islamic law is the major cause of the prevalence of child marriages because it permits and tolerates child marriages and 90 per cent of the population subscribes to it. Bangladesh failed to comply with its international human rights obligations.

463-472

Authors: Lecturer Ovidiu-Horia MAICAN

In the last years, military justice systems have been a problem for several reforms in some European states. The push for modernisation processes stems from the reality that military justice in some states wants to increase its truthful trial guarantees inside their legal framework. Recently, the existence of many ordinary military tribunals has been put at stake. Many critics reflect on consideration on military justice is being known as into query due to the alleged nonimpartiality of military courts and global law developments. Some military courts no longer exist on their own, military judicial competences have been embedded into or transferred to civilian courts. A few standing army courts have been abolished, while others nevertheless exist, albeit their roles and obligations for the duration of peacetimes are very modest. Some states permit the introduction of ad hoc tribunals to face specific conditions such as the case of a war, and this is provided for by way of their respective constitutions. Military justice and civil justice are regarded two separate systems.

226-240

Authors: Senior lecturer Jean Chrysostome KANAMUGIRE

Many low-income earners have financial challenges and experience over-indebtedness in their activities as they do not have access to formal financial institutions. They often acquire loans in informal sectors where they pay high interest rates. The individuals who qualify for such loans are those who have salaries or receive social grants from the government. Access to regular income serves as a guarantee to secure a loan from money lenders. The individuals lack access to formal banking institutions because they are unable to fulfil the banks’ stringent requirements. They often need money to maintain their lifestyle or cover financial obligations for their relatives. They require huge amounts of money to settle loans they obtained to cover their living expenses and other materials. Micro lending is regulated both in international law and in South Africa. The National Credit Act promotes responsible borrowing and prohibits overindebtedness. It protects the rights and responsibilities of both consumers and credit providers. There are additional costs for persons who buy on credit, including initiation fee, service fee, credit insurance and interest rates. Creditors can use emolument attachment orders to recover their moneys from the borrowers or consumers. Courts supervise the emolument attachment orders and safeguard fairness to both parties. Over-indebtedness leads individuals to live in debt spirals and experience financial distress. There is a need to regulate the financial market for low-income earners to ensure that they do not become over-indebted. Some measures, such as regulation of interest rates, are needed to protect low-income earners in the financial market.

246-251

Authors: Lecturer Raluca Antoanetta TOMESCU

Leasing has established itself as one of the most profitable means of financing productive investments, bringing more security to those who do not have enough capital. The benefits that leasing operations bring to the parties involved are evidenced both by the practical results that they have had over time and by the rise that leasing has had in the capital markets of the world economy. The dynamics of social development, but also the specific expansion of a market economy in a continuous process of restructuring, amid economic, social and institutional changes, require a reform of national legislation, in line with current realities and the goal of achieving a European and international economic and monetary unit. The modeling of the current legislative framework, in accordance with the requirements of society, will have as its main interest, not only to provide adequate and immediate solutions to economic and social realities, but also to eliminate legal traditions that have destabilized this market segment in recent years. For this reason, I structured my study, presenting a series of imperfections of the law that have negatively influenced the evolution of leasing in recent years.

260-267

Authors: Associate professor Rodica Diana APAN

In the field of credit for consumption, the priority is, in granting the loan, to stave off the temptation of potential borrowers to borrow for the purchase of a large number of goods and services, as well as that of professional creditors, to enforce their own clientele by granting loans. The aspects shown in ut supra had as a consequence the elaboration of some systems for the substantiation of the decision to grant the loan or the one to refuse to grant it, based on an analysis carried out by the creditor both in his interest and that of the debtor. This is because, for the first, the risk of non-recovery of the loan is reduced, and for the second, the risk of non-repayment of the loan or of over-indebtedness is reduced.This article analyzes the regulation in the field of Central Credit Risks and, the analysis perspective is a novel one: to what extent the benefit of disseminating the information registered in the CRC to the declarants - credit institutions on their own initiative or at the request of the latter, it would be necessary to extend it to the reviewed persons - natural or legal persons to whom credit has been granted. The present study represents a plea for any situation of dissemination by the CRC of the information registered here to the declarants - credit institutions, to be distributed, at the same time, to the persons reviewed - natural or legal debtors, on the grounds of informing them in order to protect against the risks of nonrepayment of the loan and over-indebtedness.

273-286

Authors: LLM. Thandi Antonia MDLULI Professor Kola O. ODEKU

This paper examines the implementation of transformative child maintenance interventions in South Africa specifically addressing maintenance issues and the significant role the judiciary is playing in the interpretation and delivery of judgements in maintenance related matters. The paper accentuates that parents have an obligation to provide for their children and the obligation is continuous until the child attained adulthood and self-dependency even if the relationship between the parents is no longer in existence.

294-305

Authors: Professor Howard CHITIMIRA Doctor Friedrich HAMADZIRIPI Candidate attorney Kesaobaka N MOPIPI

One of the objectives of the Organisation for Economic Co-operation and Development’s (OECD) Principles of Corporate Governance is to create an inclusive society by nurturing a commercial environment rooted in trust, transparency and accountability. In creating a socially inclusive environment, the acceleration of the fourth industrial revolution (4IR) and its applicability in South African companies must be borne in mind. This acceleration has precipitated a shift in the manner in which South African businesses operate in several ways. For example, various South African companies have embraced several digital technologies such as artificial intelligence and machine learning. The use of these technologies has highlighted the inequality that has plagued South African companies. Additionally, the Coronavirus disease (COVID-19) has widened the digital divide in South African companies. This article highlights the importance of South African companies incorporating information and communications technology (ICT) infrastructure as a key corporate social responsibility (CSR) initiative. The article further argues that CSR initiatives targeting ICT infrastructure could benefit the South African economy and society during the COVID-19 pandemic. In this regard, the authors will demonstrate how the stakeholder approach is vital for corporate growth in South Africa. The authors also argue that concerted efforts by companies to build more ICT infrastructure could lead to a more inclusive society which could promote an efficient economy that attracts investors and enhances domestic and international trade.

313-322

Authors: PhD. student Lucica TUDORAN1 PhD. student Anis BENABED

Romanian public administration (The Ministry of Interior) is involved in a huge project meant to computerize most of the public activity. This ambitious project is meant to create an informatics system putting together all the Romanian civil acts regarding the four-life events birth, marriage, divorce and death. This paper aims to study how the Romanian authorities are managing this digital process and what is the level of implementation of this project together with its applicability to the Romanian consular sector, which represents nowadays one of the greatest Romanian civil administrations, due to the massive well-known Romanian immigration. It should be said that there is no literature in this field and everything that will be written in this article is based on online open sources and the personal vision on this matter. The methods utilized are therefore the qualitative and quantitative analyses of data found in public sources: legislation, press releases or official sources (internet pages of the public institutions). The global vision that wants to transmit this article is a pragmatic one. Behind any abstract analyses of how things could be done better, we should determine concrete that could really work in the sector.

333-342

Authors: Lecturer Ovidiu-Horia MAICAN

Illegal logging is a global concern, related with severe negative environmental, social and monetary impacts, such as deforestation, degradation of biodiversity and loss of authorities revenues. Despite recent global eforts to combat unlawful logging activities, the problem stays widespread. While the educational literature on the subject is extensive, little systematic research has been committed to analysing the reasons of unlawful logging. Here, this knowledge gap is addressed with a cross-national evaluation of elements hypothesized to have an effect on illegal logging. The logistic regression evaluation performed in this find out about corroborates some widely held beliefs, but additionally gives some new insights on the elements that are essential for whether unlawful logging is in all likelihood to be a problem. It is shown that, except physical-geographic characteristics, a number of elements relating to the level and velocity of a country’s economic-institutional improvement are related with unlawful logging. These include gross domestic product per capita, financial growth, voice and accountability, rule of regulation and control of corruption.