Business Law (Books and Journals)
- Current Issues in Business Law Bucharest Academy of Economic Studies, 2018
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Domain Names' Legal Dispute Impact: Value & Dispute's Cost
There is no doubt that domain names have founded new world of digital business equal to geographical traditional business world. And in such a borderless world (cyberspace), everyone has aimed to gain his own share. However, the features of the conflict over the contested rights have begun to appear publicly between the main stakeholders of cyberspace. Despite this, the conflict took legal shape,
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Domain Names & (Trips): the Aspect of Protections Roots
Though the main goal of (TRIPS) agreement was established to organize Trade-Related Aspects of Intellectual Property Rights, some new rights related to intellectual property have arisen away from the scope of this agreement. One of these issues was domain names. Initially, it was argued that there is no relation between domain names and trips agreement due to the fact that domain names are...
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Legal treatment of franchise in Northern Macedonia and Republic of Kosovo
In this paper, franchise is treated as a way of transferring knowledge and experience as well as trademarks. The concept of exclusivity is most often defined as a method of marketing goods and services. Of course this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial impoverishment of meaning without an investment of its capital by...
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Overview Analysis of the Voluntary Winding up of Solvent Companies under the Companies Act 71 of 2008
Winding up enables affected companies to be administered by the courts for the benefit of their members, creditors and other relevant persons. The available assets are divided amongst members, other relevant persons and creditors in accordance with their rights. The Companies Act 71 of 2008 (Companies Act 2008) regulates the winding up of solvent companies in South Africa while the winding up of...
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Commercial Companies in the Criminal Trial
The accused or the civilly liable party? What is the position of a commercial company in a criminal trial? If in the case of certain offenses, the answer is quite clear, in the case of crimes like tax evasion or money laundering, the practice is not unitary. The article analyzes the cases in which the criminal liability of a company can be engaged, as well as the effect generated by the role that
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Corruption - Aggravated Cause of Violations of the Rule of Law
The theme of this paper is to identify and analyze the causes and the effects of the corruption, antisocial behaviors that can be identified as having both national and supranational dimension. Although the study of this phenomenon is a concern manifested long both domestically and internationally, we believe that, from the point of view of its implications, is a theme that not only it can never...
- Preface
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Special or Extended Confiscation During the Criminal Trial in Romania
In the field of the Romanian Criminal trial, especially regarding the serious defences, judiciary body may order asset freezing, in order to avoid concealment, destruction, disposal or dissipation of the assets that may be subject to special or extended confiscation or that may serve to secure the penalty by fine enforcement or to pay court fees or to compensate damages caused by the committed...
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The Relationship Between Environmental Protection and Economic Growth from the Perspective of Sustainable Development
The use of the natural resources of the environment for the purpose of economic development, ignoring the maintenance of ecological equilibrium and triggering irreversible negative environmental phenomena, has generated, at the level of theory and also at the level of environmental policies, disputes, concerns and initiatives. Outlining the idea of economic development in close connection with...
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Performance and Collective Dismissals - an Evaluation of the Legal Practice on the Subject Matter
The concept of performance, in principle, implies a subjective assessment of the quality of work and the extent to which the "winning behaviors” are manifested by use of knowledge, skills and abilities by the employee in the process of work. In this context, it seems surprising to find within the amendment in 2011 of the collective dismissal procedure stipulated by the Labor Code some stages and...
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Complex Legal Institutions with Relevant Effects on the Professional Activity
The Romanian contemporary society imposed a profound transformation of many traditional legal institutions. From this perspective, one cannot overlook the profound change brought by the current Civil Code in contractual matters, namely the unification of the legal regime for civil contracts and commercial contracts. In the context of the assimilation of European values, the adoption of the monist
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Teleworking
The Law no. 81/2018 of teleworking refers to specific professions such as brokers, sales agents, employees involved in social media activity, analysts, programmers, accountants, financial and tax consultants, translators, etc. Teleworking is the form of work organization in which an activity that may be performed within the workplace organized by the employer is carried out by an employee, from a
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Features of Non-Executive Directors' Fiduciary Duties
Among the influences of the 2007 financial crisis on corporate governance, the developing role of non-executive directors and their expanding duties require particular attention. By nature of their function, non-executive directors mitigate risks determined by information shortcomings between shareholders and managing directors, on the assumption of effective exercise of their duty of oversight....
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The Role of the International Labour Organization (ILO) in Protecting Workers' Rights
In this article, we study about (ILO), The organization worked on ensuring labor rights and freedom, which ensures them practicing their rights at work in favorable condition, and enables them to benefit from this rights. When other states joining the organization obligate it, according to the constitution, to accept all the commitments written in this constitution. The research is based on...
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Content and Organization of the Extrastatutory Conventions
The theme "The content and organization of extrastatutory conventions" is a rare topic both in Romanian legislation and in doctrine and jurisprudence. This theme is a subject proposed to clarify and bring novelties into the sphere of commercial law. The main objectives are to provide a clear, well-defined framework for the organization and content of these atypical contracts (extra-statutory...
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Issues on Discrimination in Matters of Remuneration. Case Study
The existence of issues concerning discrimination in the employment legal relationship requires the application of acts or facts which have as their object direct or indirect discriminatory actions. These apparently neutral acts are susceptible of promoting different legal and prejudicial treatments to individuals found in legal situations considered comparable. Practically, procedures that have...
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The Powers and Duties of the Fiduciary
Fiducia is undoubtedly one of the most innovative institutions introduced by the New Civil Code and the fiduciary is on its turn the main actor in this institution. An analysis of the fiduciary's powers and duties is essential to perceive correctly the mechanism of the fiduciary relations. The most important power held by the fiduciary is given by the ownership of the fiduciary property. This...
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Good Faith in Exercising the Work Reports by the Contract Personnel in the Public Sector
The present study aims to analyze how good faith is reflected in the exercise of legal employment or, where appropriate, service relationships, of staff within public authorities and institutions. We have in mind all the categories of such persons, which are mentioned in the legislation and not only by the phrase "budgetary personnel", in which we also include contractual staff, civil servants...
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Accounting Records as Evidence in Civil Litigation in the Republic of Bulgaria
Accounting record is a document, and the document is evidence which is necessary to prove real past facts. Considering the difference between the moment of adjudgement and the moment of realization of the facts relevant for the dispute, it is necessary to establish these facts through their sources – namely, through evidence. The document is taken as an item on which a statement of specific facts
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Legal Significance of Commercial Books under the Bulgarian Law
The article aims to analyse the legal importance of the commercial books a trader is required to keep in their business. At the same time, the study questions the role of these ledgers, the functions they perform, and their probative force in disputes between traders
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Free movement of capital and payments in the European Union, the result of successive regulations
The first part of the paper presents the distinction between the concepts of "capital movement" and the circulation of payments. The principle of free movement of capital and payments does not require the adoption of additional regulations at national level and is therefore directly applicable in the member countries. The second part of the paper deals with the legislative framework of the two...
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Implementation of the Agreement-Based EU Single Market System and Its Implications if Applied in ASEAN
Asean Economic Community is a community built in 2008 by Asean States Members. One of the purpose is to accelerate the regional economy development. As implemented in European Union, System on Single Market was built by International Agreement signed by states in EU. Nevertheless, EU has European Court Justice to solve any dispute that could be arise from the agreement, but unfortunately Asean...
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In international business disputes concept of claiming and awarding damages for breach of contract
The purpose of introducing this topic through this paper is to give an overview regarding the world’s trade and the complexities involved in international trade dispute resolution. The paper elaborates upon the damages which a party shall seek from the other party due to breach of business contract. This paper is aimed to help academicians and professional in understanding the different types of...
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The Value of Privacy: What Does the Personal Data Mean to the Data Subject and Businesses?
In a world where technology is progressing at a very fast pace, it is up to the legislator to come up with creative legal instruments that can answer to the newest and most challenging issue that arose and can arise in practice. In the past decades, privacy has become an important resource for the growing businesses or for the ones already renowned in the market that look for a way of expanding...
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Abuse of a Dominant Position
Several elements can be considered that lead to configuring the specificity of abuse of a dominant position in a competitive context. The Court of Justice has defined the dominant position referred to in art. 82 (ex 86) EC as a "position of economic power in which there is an undertaking which enables it to hinder effective competition in order to be maintained in a relevant market in order to...
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About the Material Object of Offenses in the Field of Arms and Munitions in the Criminal Law of Romania and the Republic of Moldova
This scientific article aims to formulate de lege lata findings and de lege ferenda recommendations obtained through the comparative analysis of criminal and extrapenal legislation in Romania and the Republic of Moldova, as well as through the synthesis of international regulations in the field, to clarify the legal nature of the object material of offenses in the field of weapons and ammunition...
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Director's duty not to consciously determine the company to break the law - reality or controversy?
The paper at hand will analyze directors’ duty not to make decisions which determine corporate violations of positive legal norms and it will provide an interpretation of corporate governance practices that underpin this duty in pre-existing institutions. In the first part, we will pursue the doctrinal attempts of integrating the duty of compliance within the contents of the duty of care or duty...
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Integrity in the business environment
Increasing integrity, reducing vulnerabilities and corruption risks in the business environment is a strategic goal. Its achievement implies specific measures such as the exchange of good practices in the implementation of integrity programs between the private and the public sector, the organization of regular public consultations between representatives of the public sector and the business...
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Competition versus cooperation - new approaches on the energy market considering aspects of competition law
The common energy policy of the European Union is a current topic on the agenda of European institutions, reflected in package “Clean Energy for All Europeans”, proposed by the European Commission. Despite several harmonization attempts, the consensus needed for a common policy and for an Energy Union has not been reached yet. One possible element why we still do not have a common energy market...
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Fashion law. Concept and beginnings in European Union and Romania
The present study aims to present the right of fashion as a distinct branch of law. The idea I started from was that law of fashion is a complex branch of law that brings together issues related to intellectual property, commerce, advertising, competition, labour relations, customs, advertising and modelling. I appreciate that this new branch of law will become more and more visible and will...