Juridical Tribune - Tribuna Juridica

4

Authors: Lecturer Charlotte ENE, PhD

As its title sugested, the book edited by J.Plaza Penades and L.M.Martinez Velencoso and published by Springer this year (2015), offers a complete analysis of the Draft of Common European Sales Law2 (CESL) - as was amended3 -, from a range of European perspectives. Taking into account that the authors belong to different Member States –Germany, Norway, Poland, Portugal, and Spain- this book „present a coherent view of the subject from the perspective of a number of scholars from different European countries, of whom will compare the text of the CESL with their own national law and other European legal texts”.4 Futhermore, the authors address very different topics from both national and comparative law perspectives, reflected the specificity of European law. On the other hand, they intend to offers to their readers „a serious comparative study of the CESL alongside other instruments, such as the CISG, and also pre-existing instruments including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL).

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Authors: Andreea STOICAN

In the current context of reinventing the trading company law, at the end of a lengthy and extremely difficult economic crisis, when every participant in the economic life tried to find their own way to adapt and make their activity survive the new social and commercial realities, not few were the cases when some of the Shareholders were excluded and their liability was drawn onto the legal person itself. Nevertheless, there is a type of legal liability of the former Shareholders, excluded from the Company, that still is quite deficiently regulated and, despite the sound argumentation and comprehensive regulation of Law no. 31/1990, it fails to provide a clear and detailed explanation of the consequences, namely, of the consequences the exclusion of a Shareholder has over the Third Parties of good-faith that the legal person (the Company) had or continues to have legal relations with. This paper thus aims at analysing one of the main effects of excluding Shareholders from the company, namely the extent of their liability towards the Third Parties, and it is structured in five parts, as follows: 1) Introduction, 2) About the Shareholders’ exclusion, 3) The effects of excluding a Shareholder from the Limited Liability Company, 4) The excluded Shareholder’s liability towards the Third Parties and 5) Conclusions.

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Authors: Judge Rodica Aida POPA, PhD

URIDICAL EVENT Inter-professional Charter of the Romanian Judges, Prosecutors and Counsels – a unique European model of inter-professional dialog within the judicial system in a new, global democratic society

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Authors: Assistant Professor Bogdan BÎRZU, PhD

In the present study we have examined the Directive 2010/64/EU of the European Parliament and the Council, the European legal instrument governing the right to interpretation and translation within criminal proceedings in the European Union. The innovations in this paper concern the examination of the regulatory way of the mentioned two rights, the formulated critical opinions and the proposals of de lege ferenda. The value of the paper lies in the de lege ferenda proposals, which that can contribute to improving the system of European legislation in the field, which in the constant interpretation of the ECHR it also requires respecting the right to interpretation and translation in ongoing criminal proceedings. Also, the examination highlights the importance and necessity of adopting this European legal instrument regarding the harmonization of the national laws in terms of compulsoriness and the procedure for complying with the two rights to which we referred, in case where the suspect or the accused is to be judged of the territory of a Member State other than his State of origin. The work can be useful to theorists, practitioners and to the European legislator from the perspective of operating the suggested changes.

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Authors: PhD. student Raluca Antoanetta TOMESCU

The article is dedicated to the overall presentation of contracts to which the law recognizes the power of enforcement, in a brief retrospect carried out through the Roman law and their evolution to the present day as they are found in the Civil Code or special laws that govern them. The contract is in effect, the conventional framework by which parties incur obligations and acquire rights in relation to each other, representing the materialization of the agreement of the parties and is only deemed validly concluded if the parties have expressed their consent freely and without undue influence. Contract partners are free to insert any clauses they want in the Covent signed, provided that they do not contravene to public order or morality. But the aim is to highlight both the power of the contract, and even more the importance of expressing the individual’s will on its fate. The importance of this legal act never contested, made the legislator invest it with the force of law between the contracting parties. So in cases expressly stipulated by the rules of law, this legal act has been given the benefit of enforcement, however without prejudicing in any way the principle of autonomy of will and without creating a contractual imbalance, privileges or discriminations.

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Authors: Professor Titus PRESCURE1 PhD; Professor Ioan SCHIAU2, PhD

This study aims to examine the particularities of the procedures and legal instruments through which foreign persons, in the broadest sense of this term,3 may acquire, especially through sale-purchase contracts, agricultural lands situated outside of the built-up area, after Romania joined the European Union (1st of January, 2007). Likewise, this paper analyses specific international private law problems that may arise in relation with the application of the Romanian law regarding the legal transfer of agricultural and non-agricultural lands.

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Authors: Lecturer Etienne MBANDJI MBENA, PhD

The matrimonial regimes in Cameroonian’s law is known nowadays as the venue of unexpected solutions in matters concerning divorce, corps’ separation and widowage because of severe confusions made by the Jurisprudence every time It’s sued to liquidate or share a matrimonial patrimony. Though, it has been long times stated that throughout a marriage’s agreement signed before the marriage celebration, spouses could organize their patrimonial relationship by themselves, choosing clearly and precisely their matrimonial regime. Such old and viable solution shows the place of contract in the Law of matrimonial regimes. It appears as one of the remedies against the incertitude of the jurisprudence in family’s patrimonial cases in Cameroon, where the customs are so heavy that even judges in charge of modern law, couldn’t resist in applying its solutions as they did in the KOUM’s case. To correct those incertitude in the “contractualization” of the patrimonial relationships in marriage remain the best solution. It can be possible according to the civil code by or without spouses will. Any way, it’s a means to modernize the Law of matrimonial regimes and reduce matrimonial unsolved cases.

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Authors: Ph D. student Hamed ALAVI; Student Tatsiana KHAMICHONAK

The Brussels regime, which regulates the matters of transnational litigation excludes arbitration from its scope. Upon formation of the Brussels regime the existing instruments concerning arbitration - the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards and the 1961 European Convention on International Commercial Arbitration - were believed to be sufficient. The original Brussels Convention 1968 on recognition and enforcement of judgments delivered in the courts of the EU Member States expressly provided for the exclusion of arbitration. The following Brussels I Regulation3 followed the trend and reinforced the exclusion of arbitration from their material scopes. The rationale for doing so was primarily the prevention of parallel proceedings and irreconcilable judgments. The arbitration exclusion from the Brussels regime has caused a fair amount of confusion, especially regarding the extent and limits of the exclusion. That is, whether the arbitration agreement, the arbitral award and its consequences are covered by the exclusion or they may fall under the scope of the Brussels regulation if they constitute only an incidental question to the main cause of action?4 The confusion was illustrated in the ECJ judgment West Tankers5, which generated negative feedback from the arbitration community and indicated the need for reform. The recently adopted Recast Regulation6 took it upon itself to clarify the relationship between arbitration and the EU regime of transnational litigation. The exclusion is reinforced yet again and its boundaries are specified in the Preamble. However, whether or not the concerns about the extent and objectives of arbitration exclusion have been at present eliminated, remains to be seen.

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Authors: Autor: Lecturer Simona CHIRICĂ

Companies participate at the civil circuit by concluding legal documents. According to the principle regarding the separation of powers in the company's governance, a distinction must be made between the duties of the company's shareholders general assembly and the duties of the administrator. Thus, shareholders general assembly holds the deliberative power of the company and determines the working strategy of the company, whereas the administrator expresses, executes the will of the shareholders general assembly and concludes legal documents in the name and on the behalf of the company. Such legal documents are considered the documents of the company itself. From the perspective of the two management bodies, we can ask ourselves what is the applicable sanction when the shareholders general assembly decides to nominate a third person to represent the company for the signing of a legal document? From a certain point of view this represents an extension of the legal powers, throughout the legal documents of the company's bodies (including the shareholders general assembly's resolutions) and a breach of the exclusive duties of the administrative bodies of a company. The applicable sanction regarding such legal documents is non-existence of legal acts.

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Authors: Assistant professor Andreea SEUCAN

The presentation focuses on the main subjects approached by the author in his book, the method of presentation and its use by students and professionals.

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Authors: Ph.D. student Andreea STOICAN

The present paper aims at pointing out an important aspect in the implementation of the professionals’ activity through the joint venture, more precisely, it raises the problem of the admissibility of the request for exclusion of the associate. Thus, although one can tell that to a certain extent the joint venture can be regarded as a species of the partnership deed, it does not acquire legal personality, reason why we have set as objective to analyse the problem of the exclusion of an associate from the practical perspective, as the legislation does not offer a clear solution in this regard. Consequently, the present study shall have the following structure: 1) Introduction, 2) The concept of joint venture, 3) The relation between the joint venture parties and the third parties, 4) Exclusion of the associate, 5) Conclusions.

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Authors: Lecturer Ana VIDAT

From the perspective of labor law, it is understood that the execution of the order of service, the essence of labor discipline, has in principle lawful purpose and, consequently, can not attract liability. It requires, however, the regulation mechanism by which theoretical assertions regarding order execution service materializes from a procedural standpoint.

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Authors: Lecturer Ana-Maria LUPULESCU

The merger, division and separation of companies, within the meaning of Law no. 31/1190 republished, represent from a juridical point of view ways of reorganizing the companies with legal personality, through which there are accomplished, in an economic perspective, a number of strategic options for restructuring, rationalization of internal organization of the participating entities, the concentration of activities and capital in order to better respond to economic realities. Aware of the importance of these operations, the legislator has been working constantly to create a coherent legal framework adequate to achieve them, by simplifying the applicable procedure and eliminating any obstacles or constraints, at least of a legislative nature. Equally, given that companies governed by Law no. 31/1990 republished are legal persons, the juridical regime applicable to mergers, divisions and separations involving these companies has to be defined and interpreted in the broader context of the general regulation applicable to the reorganization of legal persons, as it is contained in the new Civil Code.

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Authors: Silvia Lucia CRISTEA

This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I) and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II) in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2), in the area of the right to initiate the foreclosure (Section 2.3), and in that of the right to ask for compensation and restitution (Section 2.7). The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.

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Authors: Lecturer Daniel BERLINGHER; Ph.D. student Cosmina Flavia ȘOFRAG (BOBAR)

Parental authority is the entirety of rights and obligations concerning both the person and the property of the child and belongs equally to both parents. In Romanian private international law, parental authority is governed by art. 2611 of the Romanian Civil Code. This legal provision is a reference rule which establishes that the law applicable to parental authority and children’s protection is determined under the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in respect of Parental Responsibility and Measures for the Protection of Children, adopted in Hague on 19 October 1996. This convention is part of the complex process of aligning the Romanian legislation to EU regulations. For an overview of relevant legal regulations addressed by the Convention, in the present study we analyzed the main issues referring to the domain of application of the Convention, the law applicable to child protection measures, parental responsibility, and the recognition and enforcement of measures regarding parental responsibility and child protection.

11

Authors: Autor: Lecturer Simona CHIRICĂ; Ph.D. candidate, LL.M., Cristiana MIC-SOARE

The purpose of this paper is to present the current legal framework related to the superficies right in the form of the right to superpose, and especially to draw the attention and put certain question marks regarding the actuality or even the urgency of the need for regulation regarding the right to superpose. First, as a preliminary aspect, in order to emphasize the historical evolution of the superficies right, we will briefly present the development of this concept starting from the Roman law up to the present date. Second, by analysing the relevant legislation, the doctrine and the jurisprudence, the authors set themselves to present the main methods for constituting the superficies right. Third, the characteristics related to the right to superpose will be correlatively laid out. Fourth, the possibility to obtain a building permit on the basis of the right to superpose will also be analysed. Fifth, the recently entered-into-force legislative framework regarding the registration of the right to superpose and of the building thus erected is presented. Last but not least, the conclusions of this paper are presented, highlighting the necessity for more clearly defined rules regulating the legal status of the right to superpose, in order to avoid any confusions and inconsistencies in practice.

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Authors: Lecturer Angela MIFF

The study aims to present relevant aspects from the jurisprudential solutions of the High Court of Cassation and Justice in matters of the action in annulment of the patrimonial transfers of the debtor in insolvency procedure and of other judicial actions introduced by the procedure bodies or, by case, the participants to the procedure who are enabled to use the measures prescribed by the law for the purpose of restoring the debtor’s patrimony. The jurisprudential solutions adopted under the incidence of the former Law no.85/2006 on the insolvency procedure represent, in present, under diverse aspects, elements of continuity with the principles and rules established by the new law in this matter. Law no.85/2014 on the prevention insolvency procedures and of insolvency establishes the legal frame for the exertion of the measures having as purpose the restoration, in the debtor’s patrimony, of certain assets, transferred by the debtor to the fraud of the creditors’ interests, or of their value, in the scope of covering the passive part to satisfy the creditors’ interests. The new law continues the tradition of the former regulations in this matter but, also, brings some novelty elements such as the decrease or, in some cases, the increase of the duration of certain terms that the exertion of the mentioned judicial actions or their object refer to or the completion of the category of the persons entitled to introduce the mentioned judicial actions with the creditor who holds more than 50% of the value of the claims enlisted in the amount of claims.

5

Authors: Professor Cornelia LEFTER

The present study tries to identify the relationship between arbitration (commercial arbitration) and the primary and secondary rules of EU law. Through a systemic analyze of community doctrine and jurisprudence there will be identified the points where the arbitration procedure interferes with regulations of EU law and which are the perspectives to change these rules.

6

Authors: Professor Ana Maria GRĂMESCU; Lecturer Mihaela AGHENIŢEI

Technical expertise is a research, interpretation and elucidation of situations actually using scientific data. Starting with a brief history of the sample with technical expertise, this paper details the role of information and scientific capacity of technical expert / specialist in explaining and arguing circumstances which have led to a state of affairs which belongs to civil or criminal. The author highlights the multitude of problems whose nature is beyond the concern of a science, expertise gained interdisciplinary - called complex expertise examination.

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Authors: Associate researcher Claudiu Ramon BUTCULESCU, Ph.D.

Articol 1 - Arbitration’s perspectives in the light of European Union regulations Autor: Professor Cornelia LEFTER Rezumat Descarcare articol Articol 2 - Some considerations regarding the legal responsibility and the social responsibility Autor: Lecturer Diana Anca ARTENE Rezumat The judicial responsibility is acknowledged in the judicial doctrine2, as being ‘the starting point’ of the entire social responsibility, position that continues to have from ancient times until today, thus providing an expression of Law on its most concerted form, which reflect the stage of evolution of the entire social life. Expressing forms and realities of social life, both values and norms are ideal standards of conduct, perceived as individual requirements by each member of society3. The human action enforces the compliance of certain rules and its subordination of certain goals and interests, according to a system of principles and criteria; this is because the individual lead his existence in a relational system with others, a system characterized by extensive interactions and interdependencies. In any society may appear different types of conduct, whose broad includes those conformist, innovative, as well as those non-conformists, escapist or deviant. As full integration of the individual in society, legal norms are not an exclusive element; these are the foundation of a set of rules for the most various types. The institution of social responsibility arises precisely in this way, representing a higher level of integration of the individual in the society. Cuvinte-cheie: legal responsibility, social responsibility, accountability, legal provision. Clasificare JEL: K10, K42 Descarcare articol Articol 3 - Considerations regarding law as an instrument of communication Autor: Associate researcher Claudiu Ramon BUTCULESCU, Ph.D. Rezumat This paper tackles the possibility of envisioning law as an instrument of communication, using systemic and informational models. The effects of legal communication have a profound influence on the evolution of the system of law and also on national legal cultures. The means through which law is communicated, as well as the analysis of the information that is transmitted, along with the legal noise generated by the poor understanding of legal norms, are briefly discussed in the paper. In this direction, legal linguistics are analyzed, especially the phrasing of legal norms, with regard to syntax, morphology, phonetics and semantics, as well as their influence on the Romanian legal system. Beside legal linguistics, the analysis of legal semiotics within the communication of law is also discussed, as the system of law is considered an abstract and analytical normative system, which uses texts and codes. Careful analysis of legal communication, using the concepts of legal linguistics and legal semiotics could help alleviate the effects of the faulty communication of law and enhance the understanding of legal norms by the general public. .

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Authors: Lecturer Diana Anca ARTENE

The judicial responsibility is acknowledged in the judicial doctrine2, as being ‘the starting point’ of the entire social responsibility, position that continues to have from ancient times until today, thus providing an expression of Law on its most concerted form, which reflect the stage of evolution of the entire social life. Expressing forms and realities of social life, both values and norms are ideal standards of conduct, perceived as individual requirements by each member of society3. The human action enforces the compliance of certain rules and its subordination of certain goals and interests, according to a system of principles and criteria; this is because the individual lead his existence in a relational system with others, a system characterized by extensive interactions and interdependencies. In any society may appear different types of conduct, whose broad includes those conformist, innovative, as well as those non-conformists, escapist or deviant. As full integration of the individual in society, legal norms are not an exclusive element; these are the foundation of a set of rules for the most various types. The institution of social responsibility arises precisely in this way, representing a higher level of integration of the individual in the society.

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Authors: Professor Sulejman AHMEDI; GjulsumeSULEJMANI

The liberal professions today in many countries make a substantial contribution to provide high quality provisions in the field of “social goods” as health and judicial services, well in general public services for the protection of citizens' rights and economic prosperity. The liberal professions are a component of every democratic community and a significant potential to increase employment and gross domestic product of each countryGDP. In this thesis we have presented the normative of the European Commission for liberal professions, their service offering, organization of the work, supervision and ensuring the quality of competent state institutions. The unitary concept of "liberal professions" in some EU member countries is not used, but the system of the respective professions with their social problems and their solutions can be found in every EU country. Liberal professions even though many states have evolved and now they have an important role in the classification of the professions, however in many developed countries still encounter these professions as closed systems, to maintain great privileges for its members in order modern efforts to increase competition in these sectors have faced serious resistance. Recently, the limitations in this field have been increasingly criticized for their consequences anti corruption related and lack of legitimacy of the European Commission, namely the Organization for Economic Cooperation and Development -OECD. On the base of group work, the Commission has highlighted specific lines of acting in favor of convenient entrepreneurial ambient for them who perform liberal professions in the above mentioned fields. The Examination of the concerned issue will be based on a multi-dimensional approach, using all typical methods of judicial, social researches, especially will be used the comparative, analytical, statistical, normative methods, based on the literature relevant to the subject, and other judicial acts.

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Authors: Ph.D. Olimpia-Monica MATIAȘ

So far, the European Union adopted a Directive on firing any individual content to regulate only matters of collective redundancies due to the social implications that occur usually in case of collective dismissals and, simultaneously, their potential conflicts. Directive no. 98/95/EC of 20 July 1998 on the approximation of the laws of Member States relating to collective redundancies was adopted by the Council of the European Union since it was necessary to grant greater protection to workers in the event of collective redundancies. The provisions of Directive no. 98/59/EC of 20 July 1998 on the approximation of the laws of Member States relating to collective redundancies have been transposed into national law by the Romanian Government Emergency Ordinance no. 55/2006 amending and supplementing the Labour Code so that in this case no question of direct application of Community rules, but can not disregard its interpretation by the European Court of Justice.

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Authors: Ph.D. student Monika MEÇA

The selection of the thesis was generally motivated by the lack of legal treatise focused in the arguments of Administrative Court importance in Albanian Judicial system as a new judicial structure, whose role would be to check the legality of decisions of the state administration with the aim to guarantee effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial process. The aim of this study is to describe the institutional steps taken from Albanian Government in administrative justice evolution, enormous differences between the administrative law before and after 1990, and the impact of European Court of Justice case law and EU law in the Albanian legal reforms in administrative justice. By analyzing the development of the administrative law in Albania is highlighted that the factors which influenced the transformation processes of this branch of law are the level of political culture, the heritage of the paste and the European Union , which has long been engaged in direct support for the modernization of public administration in Albania . In conclusion studying and analyzing the recent reform undertaken in the establishment of administrative court in Albania is necessary to make an evaluation of the impact of this reform in amending the legal framework for administrative procedures and adoption of a new Code of Administrative Procedure..

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Authors: Senior Lecturer Amalina AHMAD TAJUDIN

This paper analyses the Belgium Supreme Court decision of Scafom International BV v. Lorraine Tubes S.A.S. The case involved a contract of sale of volatile goods ie steel tubes whereby a fixed-price contract caused it to be unenforceable because of the 70% market price increase just before the goods were delivered to the buyer. While the seller requested for renegotiation, for a higher contract price, the buyer refused to come to terms with the former. The court, by virtue of the United Nations sales law, held that renegotiation was the appropriate remedy in such a situation. In addition, the paper tests the different possible outcomes of this decision under the English Sale of Goods Act 1979, as well as the US Uniform Commercial Code. The finding of this test proves that these two sales laws would have tackled the issue of volatile market differently from that of the United Nations

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Authors: Associate Professor Pankaj Kumar GUPTA; Research Scholar Singh SHALLU

Investors now started considering corporate governance as very essential factor before investment especially in view of the unstable environment in the securities market. It is considered that good corporate governance inspires, strengthens and maintains investor’s confidence by ensuring company’s commitment to higher growth and profits. Corporate Governance has become a major concern for global economies particularly the transition world. Sound corporate governance is extremely important for transition economies for creation of the key institutions, the private corporations, which drive the successful economic transformation to a market based economy, effective allocation of capital and development of financial markets, attracting foreign investment and making a contribution to the process of national development. The Corporate Governance issue has emerged primarily because of the growing importance of corporations in the national economies and their interaction with the international agencies and institutions. This paper presents the current scenario of corporate governance in India, the evolving legal framework and identified the major issues and challenges that need to be addressed to implement an effective system of corporate governance in India.

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Authors: LL.M. Darja LONČAR DUŠANOVIĆ

Obligation for telecom operators to retain traffic and location data for combating crime purposes had been controversial ever since the adoption of the Data Retention Directive in 2006 because of its inherent negative impact on the fundamental right to privacy and personal data protection. However, the awaited judgment of the CJEU in April this year, which declared the Directive invalid, did not so far resolve the ambiguity of the issue. Namely, having in mind that half a year later, some countries did not amend their national data retention legislations (yet) to comply with the aforementioned CJEU judgment, telecom operators as addresses of this obligation are in uncertain legal situation which could be called “lose-lose” situation. Also, the emphasis from the question of proportionality between data privacy and public security is shifted to the question of existence of valid legal basis for data processing (retaining data and providing them to authorities) in the new legal environment in which national and EU law are still not in compliance. In this paper the author examines the implications of the CJEU judgment to national EU legislation, telecom operators and data subjects, providing comparative analysis of national data retention legislation status in EU member states. The existence of valid legal basis for data processing is examined within EU law sources, including within proposed EU General Data Protection Regulation and opinions of the relevant data protection bodies (e.g. Article 29 Working Party).

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Authors: Lecturer Hervé Magloire MONEBOULOU MINKADA

Most of time, the suspect is presumed innocent in the beginning of the penal proceeding. But this presumption of innocence is created for saving individual freedoms and reputation. The truth is that the suspect is presumed guilty after his arrest. And the judicial authorities will check if the suspect is innocent or confirmed guilty. This situation can threaten individual freedoms and reputation. That is why we want to size the meaning of presumption of innocence in other to protect it, at first. Secondly, we are going to study the presumption of culpability. What is more, the fact that the suspect is presumed guilty justifies the office of a barrister at any stage of the penal proceeding. In fact, before the arrest of the suspect, he is presumed innocent. After his arrest he is presumed guilty.

5

Authors: Lecturer Cătălin-Silviu SĂRARU, PhD

The article analyzes the principles of interpretation for administrative contracts, in French law and in Romanian law. In the article are highlighted derogations from the rules of contract interpretation in common law. Are examined the exceptions to the principle of good faith, the principle of common intention (willingness) of the parties, the principle of good administration, the principle of extensive interpretation of the administrative contract. The article highlights the importance and role of the interpretation in administrative contracts.

9

Authors: Lecturer Mihai Cristian APOSTOLACHE, PhD

The article approaches the topic of administrative acts motivation, analyzed from the doctrinal and jurisprudential perspective. If at first, motivation was considered merely a formal condition of the administrative act, as a result of the national and European, doctrinal and jurisprudential evolution, motivation is now regarded as one of the most important conditions of validity for the administrative act. Motivating administrative acts represents also a manifestation of the right to information, sealed by the Romanian Constitution, and a dimension of the right to a good administration, as stipulated in the Charter of Fundamental Rights of the European Union.

13

Authors: Student Mircea I. GHERGHINA, Student Nikolett CSÁSZÁR, Student Ioan Alexandru GHERASIM

This paper examines the banking regulatory frameworks that were enforced from the 1980 to date and see if there is a cyclical tendency in the patterns of regulations and deregulations. To analyse this, we look at 10 acts or key events from the US banking industry and compare them against variant macroeconomic indicators. The result shows that lawmakers imposed deregulations upon the banking industry in moments of economic growth and regulatory measures after a period of economic downturn. This has some serious implications for policy making. In the end, we attempt to conclude whether lawmakers should back off and have a hands off approach to banking industry or if they should permanently regulate.

15

Authors: PhD Student Iulia BĂDOI

Negotiation is the process we use in order to obtain things that we want and are controlled by others. Any desire we intend to fulfill, any need that we are obliged to meet is a potential bargaining situations. Between groups and individuals, negotiation occurs naturally, as some have one thing that the other wants and is willing to bargain to get it. More or less we are all involved in negotiations: closing a contract, buying a thing, obtaining sponsorships, collective decision making, conflict resolution, agreement on work plans. Within the field of labor relations, negotiation can occur on the occasion of closing / amending employment contracts or in order to regulate employment or work relations. Moreover, used properly, the negotiation can be an effective tool for solving labor disputes, with benefits for both involved parties. This paper aims to present negotiating principles and steps to follow in planning and preparing negotiations and the negotiating techniques that can lead to a successful negotiation based on a well-developed plan.

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Authors: Lecturer Hervé Magloire MONEBOULOU MINKADA

Classically, the root of the contract is the agreement of the contracting parties. That is why, sometime people consider the contract as the agreement of the contracting parties. However, the agreement is not the contract. The both are different. In fact, if for the contracting parties there is a contract after an agreement, for the law there is a contract when the agreement of the contracting parties respects the frame previewed by the law. That is why the contract must be an institution. This view of the contract enables to have another meaning and to gather the keys ideas of the different opinions on the meaning of the contract. Thanks to the contract as an institution, we can no longer be afraid of the crisis of the contract.