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Departamentul de Drept al Academiei de Studii Economice din Bucuresti

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Societatea de Științe Juridice și Administrative



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


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Volum 8, Numarul 1, Martie 2018

Cuprins



Articol 1 - Human dignity in the context of prison privatization

Rezumat

This paper discusses the legal nature of human dignity as well as whether and in what manner it merits consideration in the prison privatization decision-making process. The first chapter grasps the complexity of the legal concept of human dignity by analyzing how it is approached - its status, roles and content - in notable international and domestic regulations, soft law, sociological and legal theories. The second chapter discusses the qualitative characteristics of the decision to privatize prisons and argues that it is primarily legal (constitutional) in nature, the importance of agent identity and its effect on conceptual permissibility of prison privatization based on the rationale theory of conceptual limitation to privatizing prisons by Dorfman and Harel, and finally, presents the institutional and human rights aspects of prison privatization as discussed by Barak-Erez and Feeley following the 2009 constitutional review decision of the Supreme Court of the State of Israel which held prison privatization to be unconstitutional. The conclusion attempts to formulate an acceptable legal definition of human dignity, gives a summary of author's opinions, and assesses the influence of presented argumentation on recommendation of prison privatization as long-term or short-term solution for addressing human rights violations with overcrowding as underlying cause.
Key-words: prison, privatization, human dignity, identity, core..

JEL Classification: K14, K15, K23, K38



Articol 2 - “The presumption of guilt” in the investigation of tax evasion crimes

Rezumat

Although it is one of the fundamental principles of the criminal process, whose observance is required at all stages of the trial, and therefore in the criminal prosecution stage as well, the principle of the presumption of innocence is often "forgotten" or transformed into the "presumption of guilt" when a tax evasion crime is under investigation. The major interest in investigating these offenses is the recovery of the damage, which is why there is a need to find solvable persons who are involved in these activities. Due to the fact that most of the times it is difficult to prove their involvement, in practice one can notice a tendency to prosecute such persons for the simple fact of having purchased products or services from dummy companies. The article presents examples of judicial practice and seeks to argue the mistaken view of criminal investigation bodies in the light of European directives as well as ECJ jurisprudence.
Key-words: presumption of innocence, tax evasion, European directives, ECJ case law.

JEL Classification: K14



Articol 3 - Counterfeiting and illicit drug sales. Effects on intellectual property rights

Rezumat

The ability of man to be inventive and creative has led to economic development and social progress, but also to the creation of a real danger to his health and life when talking about the counterfeit and falsified drug market 2 . Ensuring the observance of intellectual property rights is essential worldwide in public health or safety policies, as counterfeiting poses a threat to people. The consequences of medication counterfeiting on health are quite difficult to assess. The methods of counterfeiting and the ways in which such drugs reach consumers are diverse. We are talking about direct sale, import, packaging change (original packaging, but counterfeited drug), falsification of the prospectus or attachment of a leaflet in another language, application of counterfeit (holograms) on packaging, advertisements, on the Internet, by press, fictitious terms of validity. The paper analyzes the national provisions containing regulations related to the sale and counterfeiting of medicines, as well as the European ones in the field, as well as the measures that can be taken to reduce the risk of their use. There are also some examples of this case related to illicit selling and counterfeiting of medicines.
Key-words: counterfeiting of medicines, infringement of intellectual property rights,
organized crime, public health threat

JEL Classification: K14, K32, K39



Articol 4 - Transport safety and security from the perspective of the French transport code

Rezumat

Given the very different forms and modalities, the modalities and conditions that may be imposed by the passenger's access to the means of transport on the one hand and the variety of procedures that allow the passenger to buy the transport price on the other hand the question is where it starts where the security obligation ends. Some time ago, the Court of Cassation made a distinction between unsubsidized transports for the advance purchase of a travel ticket and the other. For the first time, the case law considers that the transport contract is born when the traveler enters the vehicle and the transport safety obligation is born at that time.
Key-words: different forms and modalities, the modalities and conditions that may be
imposed by the passenger's access to the means of transport, French transport code,
transport safety.
JEL Classification: K23, K33



Articol 5 - Legal implications of adopting Building Information Modeling (BIM)

Rezumat

Building Information Modeling (BIM) is an innovative approach to design and construct buildings, which has changed the practices within the construction industry. Different categories of stakeholders, such as architects, construction companies, professional associations, academia and even the policymakers, who have defined national policies and strategy documents to facilitate the BIM adoption, have been interested to understand BIM and its implications for the business environment. The legal implications of adopting BIM in construction projects represent one of the most recently discussed issues, which is still not fully understood and not followed by concrete risk mitigation actions. The paper intends to underline some of the legal implications of adopting BIM, mainly in relation to the procurement and contract strategies. The paper concludes that it is expected that BIM will bring more transparency in the construction project implementation and will enable a more comprehensive audit trail leading to fewer legal disputes.
Key-words: Building Information Modeling (BIM), contract, procurement, standards.
JEL Classification: K23, K25



Articol 6 - Hoeworking / teleworking. Atypical forms of employment: between usefulness and precariousness

Rezumat

The literature centered on the investigations into the implications of this activity sector, reveals that – in addition to the usual risks entailed by most atypical work arrangements, some of them even increased in the case of homeworkers and teleworkers – these workers are further exposed to the risk of social isolation, because they lack direct social contact with their peers, colleagues and organization members. The vulnerability of homeworkers is aggravated by labor legislation, as this category of workers face major difficulties in the complete, effective exercise of some rights, although the law acknowledges the equality in rights and treatment between the employees with standard work contracts, and the employees opting for flexible work opportunities. In most cases, the remuneration and social benefits granted to the latter, are lower than the payment and social benefits offered for the same type of work, to an employee working at the company’s precincts.
Key-words: homeworking, teleworking, atypical work arrangements, flexible work schedules.
JEL Classification:
K31



Articol 7 - CHF denominated loans – a case study of Montenegrin approach

Rezumat

Montenegro has harmonized its legislation with EU consumer protection directives during its ongoing accession negotiations. However, in view of the CHF denominated loans issue, harmonization in financial services sector came too late. To that end, the main objective of this paper is to present the case study of Montenegrin “solution” to this problem, as well as some of the key problems this “solution” has caused. The reactions of the Montenegrin Parliament, amendments and new legal texts relating to consumer protection, which were the product of the Parliaments frenetic legislative activities carried on the wings of public’s outrage with this case, are scrutinized. In that regard, all the problems that followed the “Montenegrin solution” are critically examined and along with those some of the most interesting cases trialed before the Montenegrin courts in the cases of CHF denominated loans. The above analyses are complemented with the analysis of the Montenegrin media coverage of some of the most interesting media reports regarding the CHF denominated loans, particularly of the relevant case law. The conclusion is made that cooperation of all the relevant persons and institutions entrusted with facilitating and executing consumer protection is of primary importance for efficient protection of consumer’s rights and legitimate interests.
Key-words: CHF denominated loans, Montenegro, harmonisation of national law, lex
specialis, CJEU ruling.

JEL Classification: K12, K33



Articol 8 - Risky business: distribution of risk in contracts for international sales of goods

Rezumat

Identifying the best legal and business solution, especially in the case of an international sale of goods contract can become a real challenge for the parties involved. In addition to CISG, which generally governs these type of contracts, choosing the Incoterms option which best suits the needs of the parties involved can represent the significant difference between a successful business or the appearance of disputes between the parties. Which are the options for the distribution of risks? What should the seller and the buyer pay special attention to? How does the CISG and Incoterms harmonize with the national legislation regulating the risk in the sale contract? Our objective in this paper is to present the scenarios and find possible solutions to all these issues.
Key-words: the risk in sale-purchase contracts, CISG, Incoterms, international sales of goods.
JEL Classification: K12, K15, K33



Articol 9 - Constitutional references related to the guarantee of the right of a person aggrieved by a public authority in Romania

Rezumat

The aim of this piece of research is to analyse the constitutional references of Article 52 of the Constitution of Romania, namely the guarantee of the right of a person aggrieved by a public authority. Therefore, the guarantee of this fundamental rights helps ensure the good administration of the rule of law, the respect for the legitimate rights and interests of Romanian citizens and, implicitly, of Romanian businesses environment. Good administration concerns the interest of both natural persons and legal persons who are engaged in the economic circuit and whose rights are granted by the fundamental law. Good administration is accomplished by granting the fundamental right of a person aggrieved through an administrative deed or through a request which was not settled within the legal time limit and, at the same time, by granting to that person a right to approach the competent authorities and to be entitled to obtain the recognition of the claimed right or of the legitimate interest, with the annulment of the deed and the repair of prejudice, respectively. The liability of the State for miscarriage of justice, as well as its right of recourse against the magistrates who acted in bad faith or serious neglect in their position are also granted. The methods used in drawing up this study are: the comparative method used to identify the right of a person aggrieved by a public authority in the Romanian Constitutions and in the Constitutions of other states, and the historical method, which was used in the analysis of the historical evolution of the studied field. The logical method served to analyse the current research in the field, while the sociological method helped to study social impact. The quantitative method was used to study the relevant applicable legislation. The results of this research have highlighted the current trends and the need of citizens and economic actors to benefit from good administration by public authorities. The implications of research for ensuring the good administration of citizens, economic agents and implicitly, of the business environment, reveals how important it is to ensure the supreme values, granted by the Constitution, namely the right of a person aggrieved by a public authority, a fundamental right analysed in this study.
Key-words: guarantee of the right of a person aggrieved by a public authority, good administration, Romanian businesses environment, ensuring the supreme values, fundamental right, Romanian Constitution.
JEL Classification: K10, K23, K41.


 

Articol 10 - A perspective on joint venture: an international business expansion strategy and legal implications with specific reference to India

Rezumat

Collaboration between firms is not a new concept, but the new thing that can be seen is that the collaborations have increased significantly during the past couple of decades, along with the increasing international competition. Moreover, the nature of collaboration has changed, shifting from peripheral interests to the very core functions of the corporation, and from equity to non-equity forms of collaboration. This paper essentially focuses on the legal framework governing the various aspects of a Joint Venture in India in brief, the methods of Joint Ventures, as well as RBI regulations on the topic. The research methodology adopted is largely analytical and descriptive. Reliance has been placed largely on various sources like articles and online articles.
Key-words: joint venture, business strategies, expansion of business, types of joint ventures, Indian legal framework, RBI guidelines, arbitration clause, Supreme Court judgments.
JEL Classification: K22, K33, K41.



Articol 11 - The right to information and the capital market

Rezumat

The right to information, the citizen's fundamental right, must be regarded as a right whose scope is wider, to the extent of social evolution. More and more often, the need for individual information is observed in the most diverse areas, including the economic field. In my opinion, economic information cannot be approached without reference to information regarding capital markets. The information provided to investors must be upto- date, real, not likely to distort the natural course of the market or be manipulative or misleading. Citizens need market information as an individual right to information, but society as a whole needs well-informed citizens with a minimal economic and financial culture, in order to develop harmoniously and avoid potential attacks on system stability. A relevant, accurate and current piece of information provides the investor with protection and gives him the opportunity to make informed economic and financial decisions. Also, free movement of capital market information, within the limits of competition rules, provides the guarantee of a stable, fair and risk-free market.
Key-words: right to information, capital market, securities, privileged information
JEL Classification: K10, K22



Articol 12 - Defending a state of affairs through a lawful action. Possession and possessive action

Rezumat

The present study aims to discover in the doctrine the reason that has generated the basis for which the legislator not only recognized the institution of possession alongside the sacred and complete right of property but also confers defence to a state of affairs through a real action specific to the defence of a states of law. The possessive action is recognized as a real action, which in principle requires an action aimed at capitalizing on a real immovable right, but in this hypothesis the possessive action protects only the state of fact called possession, without questioning the state of law. If property is right, possession is nothing but the fact, but possession has, over time, been imposed as a fundamental institution of civil law. The major importance that the possession has developed in the context of the civil circuit of values has ensured it a constant legislative consecration throughout history. The unanimously recognized possession as state of fact is gaining value through its legal effects, occupying both the theoretical and the practical concerns of the jurists, both from a theoretical and from a practical perspective, joining the full right of property. Without limiting the importance of possession to its main effect - acquiring the right to property by means of an acquisitive prescription, apodictically possession corresponds to the property right itself, being an attribute of it. Under these circumstances, the defence of possession through a real action is merely a situation of normality..
Key-words: possession; possessive action; civil law; Civil Code.
JEL Classification: K11, K15, K41



Articol 13 - Considerations regarding the rights of employees who were dismissed unlawfully

Rezumat

The present study aims to analyze the consequences of the annulment of the employee's dismissal decision. These concern the employer's obligation to reintegrate the unlawfully dismissed employee and to provide compensation to him, which must include the indexed, increased and refurbished wages and other entitlements to which the employee would have benefited. In addition to these amounts, the employee is also entitled to claim damages for the moral or material damage suffered as a result of the dismissal decision. The content and the way of fulfilling the legal provisions that currently regulate the rights of the unlawfully dismissed employee are of particular importance from the perspective of both the employee and the employer. Thus, from the point of view of the employee, the lack of precisely defined content of his rights can easily give rise to abuse by the employer. With regard to the latter, failure to adequately fulfill its obligations may have drastic consequences, which may also be of a criminal nature. The study uses the logical, historical and experimental method, analyzes the legal provisions currently in force, as well as the point of view of the doctrine and the solutions derived from the judicial practice. The conclusions are in the direction of expressing concrete proposals to amend the current regulations.
Key-words: dismissal, reintegration, employee, compensation, rights, employer.
JEL Classification: K31



Articol 14 - Some considerations about the application of the more favourable criminal law regarding deeds on trial in some countries of European Union

Rezumat

The purpose of this paper is to realize a study regarding the comparison of the penal provisions that uphold the application of the more favorable criminal law until the final judgment of the cause between Romania and France, Italy, Spain and Portugal. The study is realized as result of a doctrine, jurisprudential and legal analysis from all the five countries, and the author is proposing to identify not only the similarities but also the differences of applying the more favorable criminal law until final judgment of the cause in Romania and another four European countries. We will identify the definitions of the more favorable law, legal regulations, conditions of application, special application situations, application limits. Special attentions will be paid to the concept de lex tertia, because we need to establish if one of these countries applies the more favorable criminal law on autonomous institutions, meaning if there can be a combination of more legal provision from two or more consecutive penal laws. We will see if Romania rallied to the penal policy of the other European countries but also what do they bring new to the matter.
Key-words: the more favourable criminal law, lex tertia, non-retroactivity, retroactivity.
JEL Classification: K14, K33.



Articol 15 - Legal regulation on handling criminally acquired property and its impact upon business environment – the experience of Latvia

Rezumat

The prevailing importance of material values in contemporary society, undoubtedly, influences the nature of crime. At present, the main aim of criminal offences is to gain material benefits. In such conditions, in the majority of criminal cases it is inconceivable that the purpose of criminal proceedings could be reached without effective resolution of material issues of criminal procedure. The article examines the regulation on handling criminally acquired property in the Latvian criminal procedure, as well as assesses the impact of this regulation upon the business environment. I.e., the study provides answers to questions related to protecting the rights of a merchant as a victim, by using the tools envisaged by the Criminal Procedure Law. The study also examines business risks linked to such cases, where law enforcement institutions presume illegal origins of a merchant’s property. The research also focuses on implementation of the aforementioned legal instruments in correlation with human rights recognized in the European Union. The article provides an insight into the relevant issues in the Latvian criminal procedure in connection with confiscation of criminally acquired property or returning it to the victim, as well as into Latvia’s experience in implementing the Directive 2014/42/EU. Hopefully, the findings expressed in the article will be useful both for the theoreticians and practitioners of criminal procedure and will contribute to international sharing of experience. The following research methods have been used in preparing this article: analysis and synthesis of legal literature, of case law, and regulatory enactments; comparative method, analytical method, inductive and deductive method.
Key-words: criminal procedure, property issues in criminal proceedings, criminally obtained property, proceedings regarding criminally obtained property, commercial activities.
JEL Classification: K14, K22



Articol 16 - Aspects of discrimination in salary. Study case

Rezumat

The concept of discrimination in labor relations includes all the acts or facts by which a different legal treatment applied to individuals in comparable situations is found directly or by apparently neutral actions. The infringement of the equal treatment principle will have as its main legal effect the impairment of the use of the fundamental rights and freedoms of victims of discrimination, subject to the absence of a genuine occupational requirement. In this respect, the imposition of some forms of regulation necessary to combat the disrespect of the equal treatment principle determined the first definition of the concept of discrimination, the imperative issue of the specific criteria applicable to the legal norms, their subsequent extending in the national laws to non-limitative acts, that, in the practitioners’ conception, could lead to the appearance of effects specific to discrimination. In this regard, there has been a steady evolution of the concept of discrimination at national level, which has led to the possibility of extending the application field of the discriminatory criteria, giving rise to the possibility of a broad analysis of the facts which were presumed of having that effect. The article details the applicable legal rules in matters of salaries in the field of public institutions, the interpretation of the competent courts, the criteria of discrimination in the matter, and the means of reporting such facts.
Key-words: discrimination, rights, salary, criteria, institutions.
JEL Classification: K31



Articol 17 - Illegal use the own image right in virtual space

Rezumat

Image plays a vital role in modern society. The significance of the person’s image is expressed in the civil law through the legislative or jurisprudential recognition of the protection autonomy of a person’s image in relation to protecting other aspects of their personhood. Since the image consists of the person’s representation, identification of the person appears to be an obvious and sufficient condition for awarding protection. The civil law approach based on the right to a private life or the right of personality is expressed mainly either through a duality reflection of the extra-patrimonial and patrimonial attributes to one’s own image or through the recognition of a single right with a dual nature. In present, the popularity explosion of social media application, besides the benefits offered by the total remove of communication barriers, generted some disputes regarding to the practising and the defens of the own image which is one of many rights of the human personality. In this way, this study encourage to reflect at this problem to see how we can practice and protect this right.
Key-words: the rights of personality, image protection, limits, social media
JEL Classification: K15, K24



Articol 18 - A quiet and discrete revolution in the Portuguese courts: the twilight of the employment contract?

Rezumat

The distinction between an employment contract and a provision of services contract is a recurring theme in the Portuguese courts, regularly associated with the use of the provision of services contract to dissimulate an employment relationship under an apparent self-employment rapport. The lawmaker, in order to fight the misuse of the provision of services contract within an employment rapport, established, through Lei 63/2013, 27.08, updated by the Lei 55/2017, 17.07, an administrative procedure in article 15-A of Lei 107/2009, 14.09, and a special lawsuit to recognize the existence of an employment contract, in article 186-K of the Código de Processo do Trabalho (Labour Procedure Code- CPT), whenever there is a provision of activity with the characteristics of an employment contract. The analysis of the most recent higher courts case law reveals a clear trend to qualify rapports, whose legal nature is under analysis, as provision of services contract, in a sense, paradoxically, contrary to the efforts made by the lawmaker. In this paper, we therefore seek to scrutinize this incomprehensible favouring by the higher courts of the provision of services contract, whose maintenance may lead in the future to an inevitable weakening of the employment contract, damaging employees, Labour Law and Society.
Key-words: labour contract, provision of services contract, case law, labour law.
JEL Classification: K31


Articol 19 - The European digital library (Europeana). Concerns related to intellectual property rights

Rezumat

The current technological and scientific revolution taking place within the larger context of knowledge and innovation based society and economy has changed all aspects of life, including those related to cultural content consumption, creation, access and distribution. Although art galleries, libraries, archives and museums will continue to exist and function in a physical form, there has been noticed a trend is to preserve and provide access to world cultural heritage by means of digital libraries. Among the European objectives included in the Europe 2020 Strategy we find the digitisation of cultural content and the development of a library that can store and preserve European culture – Europeana. The main objective of this paper is that of debating the main stakes of access to digitised cultural content, such as it is found in digital libraries, A particular focus is set on the issue of intellectual property rights. The study specifically refers to the case of the European Digital Library, Europeana. The main scientific research method used in the paper is the critical analysis of IP legal regulations. Thus, we debate the main implications of these regulations for the process of digitisation, and we next identify the main current legal opportunities for and obstacles in the way of cultural content digitisation.
Key-words: intellectual property rights, digitisation, cultural content, Europeana.
JEL Classification: K11, K19, O34, Z19


Articol 20 - Criminal cartels

Rezumat

Cartels are nowadays a global issue, affecting consumers from all over the world. As the consequences of anticompetitive agreements have an impact at extraterritorial level, with implications beyond the market where the cartel operates, cartel investigations have a global dimension. Cartel members, which are global players, should be aware of this aspect, as in some jurisdictions, for example in the United States of America, cartel agreements are a criminal offence, as they harm the consumer. The present paper will analyze the approach to cartels in the United States of America and in the European Union, it will deal with the research question if cartels are seen as criminal in several jurisdictions and it will point out aspects of international cooperation in fighting against cartels, in order to ensure consumer protection. The research questions will be illustrated by case-law and case-studies that will serve as examples. The present paper will use an interdisciplinary comparative research approach, with focus on an international perspective related to cartel enforcement at a global level.
Key-words: cartel, cartel enforcement, criminal cartels, consumer protection, global cartel investigations.
JEL Classification: K21, K22, K33, K14.


Articol 21 - Romanian Law no. 151/2015 on the insolvency of physical persons.
Participants in insolvency proceedings

Rezumat

On June 26, 20152, in Official Gazette no. 464, Law no. 151/2015 regarding the insolvency of natural persons, with the deadline for entry into force on 31.12.2015. However, at this time, the law does not have legal effects, its entry into force being repeatedly postponed, the last deadline set for this purpose being 01.01.2018. Unfortunately, the adoption of Government Ordinance no. 30/2017 for amending and completing the Law no. 207/2015 regarding the Fiscal Procedure Code does not refer to the insolvency procedure of individuals, which is an indication that the application of the Law no. 151.2015 will be postponed. The legal approach has as general an analysis of the legal framework and of the arguments underlying the regulation of this legal institution, the presentation of the conditions for initiating the insolvency procedure of the natural person, the entities involved in this procedure, including the insolvency commissions. Also, the paper aims to explain the reasons behind the repeated delays in the application of this normative act, to identify the problems and blurring that make the law inapplicable and to provide solutions to the law.
Key-words: insolvency of individuals, insolvency commission, bankruptcy, debtor of good faith, residual debts.
JEL Classification: K15, K35


Articol 22 - The economic activity of local self-government entities as public entities in Poland – exception or rule?

Rezumat

The economic activity of local self-government entities entails considerable controversy in Poland. There is no uniform view among the representatives of judicial doctrine and jurisprudence as to the admissibility of economic activity by local selfgovernment entities, and when accepting the possibility of conducting such activity - as to the characteristics of such activity. The doubts also arouse the scope, object and possible forms of economic activity of local self-government. On the one hand, in the situation where legislator increases the number of public tasks given to self-government to perform, and members of local communities are demanding an increase in the quality of performed tasks, the question of additional sources of income, including possibility of conducting economic activity by local self-government entities, as a way to raise funds, becomes important. On the other hand, the pursuit gainful activity by entities of public administration creates the risk of their focus on profit maximization, and thus pursuit public objectives becoming of secondary importance. Pursuit business activity by local selfgovernment is now permissible in Poland, but it is subject to many limitations. They relate to the nature of tasks that could be carried out within this activity as well as its organizational forms. The purpose of the study is to analyse the legal provisions, which are in force in Polish legal system, aimed at identifying and determination of the conditions for using the possibility of pursuit a business activity by local self-government units and evaluation their impact on the effectiveness of the performance of self-government public tasks.
Key-words: economic activity, local self-government, public entities, exception, rule.
JEL Classification: K23


Articol 23 - MiFID II and savings

Rezumat

The markets in financial instruments directive (MiFID) is a regulation that appeared in 2008 across European Union, as an effect of the crisis, that increases the transparency across the financial markets and standardizes the regulatory disclosures for particular markets. In 2014 MiFID II appeared on Directive 65/EU and will be applied on the markets starting January 2018 all over European Union. It offers increased transparency especially for derivatives and other over-the counter markets. This paper aims to analyze the new directive and savings/investments in the new context as a part of MiFID II strategy for individuals. Higher regulations and higher understanding of the risk could lead to a higher exposure to the saving part in a portfolio.
Keywords: saving, globalization, investments, directive.
JEL Classification: K22, K33


Articol 24 - Evolution of corporate finance methods

Rezumat

The paper has more introductory character, aiming in general terms to introduce the concept of corporate financing by briefly addressing the genes of this process. The historical part refers to the development that this institute has had in Europe and beyond. In the focus of this topic are the legal aspects of corporate finance modes, leaving out any financial analysis of this element. Consequently, the entirety of legal acts governing corporate finance will be addressed. For reasons that mainly relate to the integration processes of our country, European legislation has been selected, as a comparative base reference. Consequently, the analysis of Albanian legislation in this respect will be made with reference to European legislation that is abundant and widely dealt with in European academic circles.
Key-words: corporation, capital, shareholder, creditor, guarantee, shares, corporation,
financial instruments.

JEL Classification: K22, K23


Articol 25 - Administrative law science in Romania

Rezumat

This study investigates the emergence of the science of administrative law in Romania and analyzes some introductory notions in Romanian administrative law: definition of administrative law; the object of regulation of the Romanian administrative law; and the features of administrative law. Administrative law is the branch of law that encompasses the legal norms governing social relations regarding the organization, activity, control and liability of the public administration, based on and in the enforcement of the law. Administrative law implies an administrative legal regime for regulated social relations justified by the specific nature of the realization of the public interest, the administration of the assets subject to the public property and the provision under the continuity and permanence of public services.
Key-words: science of administrative law, administrative legal regime, public administration, public interest.
JEL Classification: K23


 

Declaratie de etica si malpraxis
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