Revue éditée par:
Editura ASE
Département de Droit de l'Académie d'Etudes Economiques de Bucarest


Société des Sciences Juridiques et Administratives

ISSN: 2247-7195
e-ISSN 2248 – 0382
ISSN-L 2247 – 7195

2 numéros / an







1st Article - Difficulties in enforcing the new probation period


During probation period, the employee is in a fragile position: he/she cannot be sure about the continuation of his/her labour relation. Law no 40/2011 modified the Labour Code in the sense of extending the probation periods in the case of contracts with non-fixed term and temporary contracts. Besides, according to the new provision, the period of time during which the employer may hire successively for probation periods several individuals for the same position is 12 months, the most. The paper aims to put into light the way in which the new regulations are to be applied, and several difficulties that this may bring in practice.
Keywords: Labour law, probation period, internship

2nd Article - Regional legal consequences of the separation of the notion of registered office


Starting from the importance of defining the registered office with the commercial law, this study aims at analyzing the legal connotations of the business office in the fiscal law. The separations of the notions originate in the European regulations included in Law no 31/1990 regarding the commercial companies. Law no 105/1992 regarding the international private law, the Fiscal Code, and the International Conventions regarding the avoidance of double taxation. Depending on the fiscal legal status of the subject as either resident or non-resident, this study aims at finding what are the differences and the relations between the institutions called: registered office – business office.
Keywords: law, registered office, business office, resident, non-resident

3rd Article - Considerations on replacing and suspending disciplinary sanctions.
The issue of granting compensation for ungrounded or unlawful disciplinary sanctions


Court's ability to replace the disciplinary sanction imposed by the employer with an easier one is the power to individualize employee's disciplinary sanction imposed by the general statutory criteria – the circumstances of committing the crime, the degree of culpability of the employee consequences of a disciplinary offence, the general behaviour of the employee and any disciplinary sanctions previously incurred. Another issue under discussion and which was not brought about a unified point of view is about the possibility of temporary suspension of disciplinary decision enforcement, pending resolution of the challenge which the court was invested with. This is why it's necessary the intervention of the legislator as statuary express the legal nature of the disciplinary decision. In all cases where the court ordered the annulment of illegality punish the employee who suffered an injury will receive compensation under article 52, paragraph 2, article 78 or, where appropriate, article 269 paragraph 1 of the Labour Code.
Keywords: individualization of disciplinary action, replacing disciplinary, court, disciplinary suspension, compensation, illegal disciplinary sanctions

4th Article - Citizenship of the European Union under the Treaty of Lisbon


The paper is structured in two parts. The first part covers history, "Union citizenship, according to previous Treaties Lisbon Treaty, and the second refers to the privileges which they have as citizens of the Union Treaty as a result of reforming the European Union, referring to documents on which this Treaty adhere it recognizes as having the same legal force, treaties, (Treaty on European Union and the Treaty on the Functioning of the European Union).
Keywords: citizenship, Union, Charter, powers, State, institution, fundamental rights

5th Article - Some explanations regarding appeal in special disciplinary law


Our study aims to analyze the disciplinary procedure for contesting the application of disciplinary punishments for certain categories of staff, having as start point the general rules under which any disciplinary decision may be appealed to the courts regardless of the severity of the sanction imposed. Here we take into consideration the special rules applicable to teachers, policemen, civil servants, military and judiciary.
Keywords: disciplinary punishment, appeal, policemen, teachers, civil servants, judiciary

6th Article - The cross-border cooperation agreement


This study aims to achieve a short analysis of cross-border cooperation agreements between territorial-administrative units in the border areas of Romania and similar structures in neighboring states. The article investigates the form they takes these agreements – contract or treaty –, the role of multinational enterprises and the law applicable to transnational contracts, the cross-border cooperation agreement governed by Law no. 215/2001 on local public administration and its legal nature. The end of the article is discussed cross-border cooperation in international documents signed by Romania with its neighbors.
Keywords: cross-border cooperation agreement, public contract, international treaty, territorial-administrative units, transnational contracts, multinational companies

7th Article - Theory of imprevision from the economic and legal perspective of contract analysis


The new realities of the 21st century ask for a revitalization of the economic and legal systems so as to overcome the effects of the economic crisis. The current economic crisis is at the same time a challenge for the scientific milieu which is called to find the best solutions for the reversal and adaptation of the main scientific institutions. For the legal system, the contract represents an essential factor both theoretically and practically so that the new legislative decisions appear to be as highly important. As a particular case study, we intend to analyse the theory of imprevision both from the theoretical viewpoint and the one of practical consequences that the regulation of this institution might generate in the domestic legislative environment through the provisions of the New Civil Code. Far from our affiliation to the opinions that vividly sustain or reject the regulation of this theory, this article intends to be an objective analysis of the theory of imprevision representing one of the greatest challenges for the New Civil Code.
Keywords: economic analysis of contract; imprevision; imbalance between the parties consideration; adaptation of contracts; the New Civil Code

8th Article - The INCOTERMS rules and their importance


The content INCOTERMS are a set of rules that determine the rights and obligations of the international sales contract, selecting a rule of interpretation of commercial terms INCOTERMS, progress is the result of negotiation between the parties and expresses the ratio of these economic forces. In relation to the obligations of the parties to an international sales contract are several different types of contracts covered by the clause. To define the main rules INCOTERMS was considered as a starting point delivery of goods, establishment of the seller and the buyer2, the rules concerning the obligations of each party that are grouped into ten items with identical titles for all the rules. Due to significant developments in international trade, for making available to retailers in the interpretation of the rules commonly used trade terms in international trade, the International Chamber of Commerce in Paris draw a set of delivery conditions for their interpretation in international sales, rules that were in international trade practice some habits, but who were not of equal significance to traders in different countries.
Keywords: INCOTERMS, International Comerce Terms,string sales, domestic trade, clauses, groups

9th Article - Consequences resulted from establishing the written form ad validitatem of the individual labor contract


Recently, with the amendments brought to the Labor Code by the Law no. 40/2011, the written form of the individual labor contract became a condition of validity (ad validitatem). The actual and imperative dispositions of art. 16 of the Labor Code establishes the written form of the individual labor contract as a condition of validity in the Romanian labor right. This form is imposed for any type of individual labor contract in as far as the text pointed does not operate any distinction. The non-observance of written form when concluding the individual labor contract is sanctioned with absolute invalidity of the convention, sanction that can be covered by the parties by the subsequent fulfillment of this condition. The parties have the possibility to determine the invalidity occurred, but to also establish its effect according to the law. In case the parties do not agree upon the invalidity of the contract, this invalidity can be determined by the decision of the competent court. The fact of determining, respectively the declaration of invalidity produces effect to the future only. Whereas the non-observance of written form affects the entire contract means a total invalidity, which determines the termination by law of the contract according to art. 56 paragraph 1 letter e of the Labor Code if not validated by the parties. Art. 57 paragraph 5 of the Labor Code does not regulate in detail the effects of invalidity, it points only that "the person who worked pursuant to an invalid individual labor contract has the right for remuneration according to the method of fulfilling the labor tasks", thus it does not operate retroactively. The regulation of the individual labor contract in this manner attenuates the impact of this imperative requirement.
Keywords: words: form, written, as a condition of validity, invalidity

10th Article - Parallel between the "small reform" law procedure and the arbitration procedure.
Practical influences on business environment


The financial blockings determined by the economical crisis in the last years bounded the business environment, through pressures on the legislature and regulations of own associative institutions (commerce chambers), to claim practical measures leading to more rapid and less expensive completion of commercial litigations. Within the period 2010-2011, these were carried out by adopting the Law 202/2010 and by the New Rules of Arbitral Procedure of International Commercial Arbitration Court of CCIR. The changes of the arbitration norms aim at the simplification of the procedure, but the essential ones – the possibility to attack with action in annulment the conclusions for arbitration adjourn or the agreement of some temporary measures leading to hastening the causes resolutions, are inapplicable, because they are not linked to rigid stipulations of the new CPC. The changes of Law 202/2010 aim at reducing the litigations resolutions (summoning procedure, term changing, causes postponing). Also, the possibility of cassation with sending to rejudgement is limited. The changes in the interest of the business environment consist of introduction the mediation, as previous procedure. The normative act specifies adjourning the prescription term during mediation, the right of the judge to fine the parties not present at mediation, after accepting it.
Keywords: the business environment, reform, norms of arbitration, mediation


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