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


Societatea de Științe Juridice și Administrative

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

Frecventa aparitiei:
2 numere / an





Editura ASE

Articol 1 - Negotiation within labor relations


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.
Cuvinte-cheie: negotiation, social partners, labor contract, labor conflict, negotiation techniques.
Clasificare JEL: K31

Articol 2 - Paradigm of universalistic particularism to reform the Indonesian economic law in the framework of establishing the 2015 ASEAN Economic Community


A reality that cannot be denied that the laws of Indonesia applicable today, especially regarding international trade transactions, are less conducive to the changes. This can be understood because the law that in fact is a legacy of the Dutch colonial government has not been changed at all, but the dynamics of the community continue to run endlessly. Changes in society increasingly run quickly along with the progress achieved in the field of Science and Technology, particularly Information and Communication. Such an objective conditions will in turn lead to new legal issues in the community, namely the absence of law and the emergence of the legal gap between what the law in book with what the law in action. The increasingly complex legal issues in related to be the establishment of an ASEAN Economic Community (AEC) of 2015. The theory used to analyze is the Jeremy Bentham’s Legislation Theory and the Theory of Legal Development from Mochtar Kusumaatmadja. While the research method applied is normative legal research methods with the statute, and conceptual approaches. The analysis shows that the convergence paradigm namely universalistic particularism is appropriate used in law reform in Indonesia. In addition, in order to provide a clear direction of Indonesian economic law reform efforts in the context of the establishment of 2015 AEC, it is necessary to establish the Indonesian Economic System in the national legislation.
Cuvinte-cheie: Paradigm, Particularism, Convergence, economic law, Indonesia.

Clasificare JEL: K20, K22, K33

Articol 3 - National referendum. Existing regulatory framework and future perspectives


Highlighting a number of shortcomings in the legislation on referendum, the present study proposes some solutions for their correction, using in this respect the experience and guidelines governing the matter in democratic states. Likewise, it underlines the advantages of putting together into an election code both the electoral law and the law on the organization and holding of a referendum.
Cuvinte-cheie: referendum, Constitutional Court, legal certainty, rule of law.
Clasificare JEL: K10

Articol 4 - La location-gérance, mode d’exploitation du fonds de commerce ou instrument d’optimisation fiscale ?


The present contribution is the result of research into the legal and fiscal arsenal in reference to the French and Moroccan law. The author wondered whether it considers only companies taken apart or could consider the groups likewise. While the legislator makes the tax options, as it does in the French case, he encourages groups to act in the interest of the group as fiscal integration; fiscal optimisation is done more or less in transparency. The result will be reversed when the group of companies has neither legal personality nor processes and arrangements to allow tax savings, the lease under management is a case in point. Ceases within the same group can certainly achieve tax savings, sometimes minimizing the amount of payments, sometimes increasing them. The tax administration and the judge does certainly the qualification of the acts the opportunty of the management act, the corporate interests of companies and groups does not take precedence over the rights of the public treasury.
Cuvinte-cheie: fiscal optimization, tax administration, lease management, fiscal integration, group of companies, tax evasion, management act.
Clasificare JEL: K12, K22, K34

Articol 5 - Motivating administrative acts - doctrinal and jurisprudential issues


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.
Cuvinte-cheie: motivation, administrative acts, jurisprudence, doctrine, court order
Clasificare JEL: K23

Articol 6 - La question de la définition du contrat en droit prive : essai d’une théorie institutionnelle


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.
Cuvinte-cheie: contract, private law, autonomy of will, contractual solidarity
Clasificare JEL: K12

Articol 7 - Regulations and deregulations in the banking industry. When should the law-makers back off?


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.
Cuvinte-cheie: Banking industry, Deregulation, Legal frameworks, Macroeconomics, Institutional Change
Clasificare JEL: K23

Articol 8 - Considerations concerning the functioning of the simple company


This approach proposes an analysis of the legal rules applicable to the simple company, especially emphasizing significant issues concerning its functioning. The utility of such an approach is obvious, at least given the fact that, according to the legislator's express option, the rules on the simple company constitute the common law in relation to companies, being applicable in the silence of the special law regulating other forms of companies. The main characteristic of the simple company is that this form of company has no legal personality. Therefore, the simple company contract produces juridical effects between associates, and even towards third parties, but it does not create a new legal person distinct from its members. This aspect implies significant particularities in relation to the rules that govern the functioning of the simple company, as emphasized below.
Cuvinte-cheie: simple company, functioning, parts of interest, the rights of the associates, administration.
Clasificare JEL: K22

Articolul 9 - The interpretation of administrative contracts


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.
Cuvinte-cheie: public law, administrative contract, contractual clauses, contract interpretation, public interest, public service.
Clasificare JEL: K12, K23


Declaratie de etica si malpraxis
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