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Tribuna Juridica

- Publisher:
- Juridical Tribune Journal
- Publication date:
- 2012-01-12
- ISBN:
- 2247-7195
Issue Number
Latest documents
- 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. Keywords: motivation, administrative acts, jurisprudence, doctrine, court order
- 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. Keywords: contract, private law, autonomy of will, contra...
- 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. Keywords: Banking industry, Deregulation, Legal frameworks, Macroeconomics, Institutional ...
- 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...
- 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. Keywords: public law, administrative contract, contractual clauses, contract interpretation, public interest, public service
- 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 dis...
- 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...
- 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. Keywords: referendum, Constitutional Court, legal certainty, rule of law
- 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 an...
- Freedom of expression
In this paper "" I’ ve tried to explain the close relationship between freedom right and other constitutional freedoms, which have a direct impact on values consolidation in a democratic society and giving possibilities for the public to be active in the decision making process. The researches are based in three directions: the doctrine of international low, in Albanian literature; in native and foreign legislation and also in jurisprudence of Albanians courts and the European Court of Human Rights. The theme dedicates a wide space in the context of public debate, thereby guaranteeing the public's right to know. Many cases of interference in , has been given special importance in legal terms. This intervention must have a l...
Featured documents
- On the successful integration of the implemented principles into the fiscal legislation
The study is carried out within the boundaries of the research "Taxation policy of the Republic of Latvia within the context of the principle of equity". The objective of the study is to prepare a theoretical basis for the successful implementation of the state taxation policy considering ...
- L'expression de la souveraineté des Etats membres de l'OHADA (l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires): une solution-problème a l'intégration juridique
The title of this contribution concerns the sovereignty of OHADA’s States as a solution or a problem of juridical integration. In our analysis, we consider that the States of the OHADA’s area are the main actors of this integration. In fact, the States express their sovereignty towards organs and...
- 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...
- Tratatul de la Lisabona - arhitect al unei noi structuri institutionale europene
Uniunea Europeana este astazi gestionata de Tratatul de la Lisabona, despre care s-a spus, la vremea lui, pe buna dreptate, ca este un pas înainte spre integrarea europeana, atât la nivel institutional, cât si uman, un tratat care reusise, în ciuda dificultatilor, sa miste mai departe proiectul...
- Societatea cu raspundere limitata din România versus societatea cu raspundere limitata din Republica Moldova
Articolul prezinta în paralel legislatia României si a Republicii Moldova, în materia Societatii cu raspundere limitata (SRL), propunându-si sa extraga asemanarile si deosebirile pentru a formula concluzii pertinente în ceea ce priveste avantajele constituirii acestei forme de societate comerciala î...
- Economic and labor rights in the European Union after Lisbon: an institutional approach
Economic and labor rights belong to the core of business action, since they constitute the institutional framework for actors involved in business, employers and workers. Since the European integration is progressing, we may speak of a European environment for business, a common market in European...
- Data protection for the digital age: comprehensive effects of the evolving law of accountability
The law of personal data protection has for years been lagging behind technology, which is evolving propulsively and with high speed. A number of new challenges arising from the post-modern digital age have been identified for rights and freedoms of individuals with respect to processing of their...
- Le Tribunal Criminel Spécial au Cameroun et les grands principes de la justice criminelle: étude comparative sur les Lois de 1961 et 2011
The following paper deals with the special criminal court and the principles of the criminal justice. We compare the law of 1961 and 2011, which create these courts. In fact, we appreciate if these courts respect the general principles of the criminal justice in Cameroon. The aim is to have the...
- Regard sceptique sur le droit a la sante au Cameroun
The present paper deals with the right to health in Cameroon as a foundamental rigth institueted by international laws.The ratification by Cameroon of those laws deals iyh the purpose of insuring good health to all cityzens. However, according to the analysis of texte laws and the critics of the...
- The associative forms in Romania following the new Civil Code, republished in 2011
During time, the association has evolved as a form of socio-economic organisation in order to perform non-professional or, by case, professional activities. The legislative sources have emphasized, in time, the variety of the ways of manifestation of the association among different law subjects -...