Revista editata de:
Editura ASE
Departamentul de Drept al Academiei de Studii Economice din Bucuresti

Si


Societatea de Științe Juridice și Administrative



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


Frecventa aparitiei:
2 numere / an

Contact:
office@TribunaJuridica.eu

PARTENERI:

CONFERINŢA INTERNAŢIONALĂ
PERSPECTIVE ALE DREPTULUI AFACERILOR ÎN MILENIUL AL TREILEA
www.businesslawconference.ro

INTERNATIONAL CONFERENCE
GLOBAL ECONOMICS AND GOVERNANCE
www.gegresearch.org

Editura ASE
www.editura.ase.ro

JURIDICE.ro
www.juridice.ro
abonamente
 

Articol 1 - Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

Rezumat

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.
Cuvinte-cheie: civil law, tax law, extinctive prescription, comparison.
Clasificare JEL:K34, K40


Articol 2 - Owners of public property in Romania

Rezumat

This article analyzes the owners of public property: the state and the territorial administrative units. The article analyzes various theories about the quality in which the State exercising the right of public property (independently of the a legal person, based on the national sovereignty or as a public law legal person). Similar is analyzed the quality in which the administrative-territorial unit exercises the right of public property. In this article are analyzed also the meanings of the term "administrative territorial unit".
Cuvinte-cheie: right of public property, state, territorial administrative units, legal person of public law, administrative law.

Clasificare JEL: K11, K23


Articol 3 - Jurisprudential aspects regarding the action in annulment of the debtor’s patrimonial transfers, the debtor being in insolvency procedure

Rezumat

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.
Cuvinte-cheie: insolvency, debtor, creditor, bankruptcy, judicial reorganisation, general procedure, simplified procedure, judicial action, action in annulment, judicial administrator, judicial liquidator.
Clasificare JEL: K11, K22


Articol 4 - Superficies in the form of the right to superpose

Rezumat

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.
Cuvinte-cheie: superficies right, right to superpose, registration of superficies right, registration of right to superpose, notarised deed
Clasificare JEL: K11


Articol 5 - Some aspects concerning the reorganization of companies within the context of the legal regulation in force

Rezumat

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.
Cuvinte-cheie: companies, reorganization, merger, division, separation
Clasificare JEL: K22


Articol 6 - Le droit de grâce du Président de la République en Afrique noire francophone

Rezumat

The right of pardon is an institution recognized by all constitutions of the States of the French-speaking black Africa. It is a measure of clemency by which the President of the Republic subtracted in whole or part a condemned the execution of the sentence passed against him or replaces a sentence, another softer. The contemporary debate on this institution refers to its legitimacy. On the question, this paper has endeavored to show that if the right of pardon enables the re-socialization and reintegration of the offender and regulates criminal justice, which makes it acceptable, its exercise by the President of the Republic and the unpredictability that characterize make it questionable.
Cuvinte-cheie: pardon, excuse, judicial errors, judiciary, legal security, rehabilitation, resocialization.
Clasificare JEL: K14



Articol 7 - The joint venture contract. Practical aspects regarding the admissibility of the request for exclusion of the associate

Rezumat

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.
Cuvinte-cheie: joint venture, exclusion, legal personality, administration, representation, third party
Clasificare JEL: K12, K41



Articol 8 - The relevance of the European regulations regarding the improvement of transparency and integrity in local public administration. Analysis of the implications on the legislation

Rezumat

The national legislation in the field of local public administration has steadily improved following the onset of the process of adapting to the European requirements. The increase of public confidence in the institutions of public administration in general, and in those of local public administration in particular, can be ensured solely through the transparency of the decisional act at local level and through a conduct of integrity of the local administration staff and of the local officials. Decisional transparency and integrity in local public administration are concepts that have become concrete in the Romanian administrative system through several national legislative instruments inspired by European regulations. The article analyzes these legislative instruments and proposes an improvement of the legislative solutions contained, in order to increase transparency and integrity in local public administration and to avoid blockages in their implementation in administrative practice.
Cuvinte-cheie: transparency, integrity, legislation, European regulations, local public administration.
Clasificare JEL: K23



Articolul 9 - The concept of parody

Rezumat

The scientific paper focuses on possible meanings of the concept of parody, by using as framework Law No.8/1996 on copyright and neighboring rights, but especiallly in the perspective of the European Union Law (Directive No. 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society and the Judgement of the Court (Grand Chamber) of Justice of the European Union of 3 September 2014-Case C-201/13.
Cuvinte-cheie: Law No.8/1996, Directive 2001/29/CE, Judgement of the Court of Justice of the European Union - C-201/13.
Clasificare JEL: K39


Articolul 10 - Service order execution procedure (in terms of labour law)

Rezumat

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.
Cuvinte-cheie: the individual employment contract; legal liability; order of service; discipline at work; conscience clause.
Clasificare JEL: K31


Articolul 11 - The legal regime of competition in United Kingdom

Rezumat

The United Kingdom has recently introduced a unitary competition regime. Begining with 1979, the United Kingdom was a primary exponent of the neoliberal philosophy, putting in first place market, privatisation, liberalisation and deregulation. For that reason, a competition policy did not exist too much in practice for almost two decades. An important aspect was the influence of European Union competition law. Even in a such situation, the supranational policy could not take the place in of a domestic competition policy. The British Parliament adopted some rules in 1998 in the field of anti-competitive agreements and the control of abuse of dominance and in 2002 in the field of merger control. In March 2012, there were announced the proposals for the reformation the United Kingdom competition law regime. According to the proposals, the functions of the Competition Commission and the competition functions of the Office of Fair Trading (OFT), will be the competences of a new, single competition authority, the Competition and Markets Authority (CMA). The new body will have jurisdiction to analyse merger control reviews and market investigations, and in the same time will act as the main institution enforcing the competition laws.
Cuvinte-cheie: United Kingdom, competition, reform, authorities.
Clasificare JEL: K21, K33


Articolul 12 - The jurisprudence. Formal law source

Rezumat

The importance of jurisprudential unification lies in the fact that the jurisprudential discrepancies existing in fields of general interest for society produce a state of uncertainty, which diminishes the public’s trust in the judicial system.
In general, in the Romanian law system, jurisprudence (the juridical praxis), although it has been approached regarding the sources of law by Romanian scholars, they reached a common conclusion, in the sense that it is not a formal source of law.
As far as we are concerned, as we will show in the subsequent developments, we do not share the diffidence manifested by the authors, generally, with regard to seeing jurisprudence as not a source of law, with the nuances and parantheses required.
The modern trend was one of closeness and interconditioning between the two great law systems (the great Romano-Germanic system and the great common-law system), this is way we have to leave behind the prejudices and to see the fact that, in the Romanian judicial reality as well, jurisprudence has gained an increasingly significant role.
In the next years, we believe that jurisprudence, by shaping general law principles, will be recognized as a main source of law.
Cuvinte-cheie: jurisprudence, law source, creator source of law, general law principles
Clasificare JEL: K10


Articolul 13 - Considerations regarding parental authority in Romanian private international law

Rezumat

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.
Cuvinte-cheie: parental authority, conflict of laws, protection measures, parental responsibility
Clasificare JEL: K33, K36


Articolul 14 - The alternative residence of minors with separated parents

Rezumat

The present article proposes to analyze the modality in which the alternative residence is established within the legislation of several states, as well as the modality in which the courts apply the notion of alternative residence. In addition to this, we took into consideration the views expressed by psychologists regarding this matter. In the latter part of the article we analyzed the regulations regarding the residence of minors whose parents are separated in domestic law and we submitted our conclusions regarding the advantages and the disadvantages of an alternative residence. In order to obtain the necessary information, we studied the legislation from different countries, the principles of the European Commission on Family Law, articles on this subject and case law, as well as studies conducted in several states. We were therefore able to observe that in some states, the alternative residence is explicitly provisioned by law, while in other states, even though the notion is not explicitly provisioned, the courts managed to find ways in which, through the judgments rendered, to establish it by way of fact. The study is relevant to our legal system as domestic legislation does not specifies alternative residence, but nevertheless, in practice, such an arrangement could answer best the superior interest of the child.
Cuvinte-cheie: alternative residence, alternative home, equal share of parental obligations, equal time spent with both parents, shared parental responsibility
Clasificare JEL: K36


Articolul 15 - „Essentials of Business Law. Fifth Edition” - Ewan Macintyre

Rezumat

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.
Cuvinte-cheie: Themes, presentation method, use
Clasificare JEL: K22


 

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