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Perspectives of Business Law Journal

Publisher:
Bucharest Academy of Economic Studies
Publication date:
2013-03-27
ISBN:
2286-0649

Description:

This Journal is a platform of international legal debate that examines recent developments and prospects for development of business law. “Perspectives of Business Law” Journal publishes studies and jurisprudence analyses in all areas of legal sciences. The Journal opens its pages to authors from different countries, from the legal education space and from the practitioners of law, encouraging both publication of international interest studies covering comparative law, European Union law, international trade law, public international law, and the studies on the particularities of national law.

Issue Number

Latest documents

  • Some considerations on the general partnership

    The general partnership is the prototype of company of persons, since it is set up and functions based on the personal qualities of the associates, who know each other and trust each other, reason for which they agree to be unlimitedly and jointly bound for the obligations of the company they set up. Although this legal form of company is not very widespread in practice, which is undoubtedly explained by the risk determined by the unlimited and joint liability of the associates, the general partnership still presents some unquestionable advantages, worth to be emphasized, starting from the simplicity of the rules concerning its setting up and functioning, or the possibility of its creation even in the absence of initial contributions of significant value. Moreover, the continuity of the associates' options for this legal form of company demonstrates that it is not totally obsolete and lacking in practical interest, but it has successfully survived the passage of time, also considering the fact that its legal regulation has not changed significantly over the years. Within this context, we consider that an analysis of this form of company, even though is not intended as exhaustive, but highlights particular significant aspects that underline its juridical specificity, may appear important and particularly useful, both for analysts in law and practitioners. Keywords: general partnership, specific aspects, companies of persons, unlimited and joint liability

  • Privacy protection and e-document management in public administration

    The paper reviews and critically examines sharing e-document-based information between public administration and private sector. The documents are not only generated and archived, but also shared among public administrators. The private sector supports digitisation and computerization of public administration. The protection of privacy of persons and confidential information, especially economic about legal entities, together with the necessity of circulation of information within the national state and cross-border, bring new legal and technical challenges. The paper examines legal issues of the right of informational self-determination, privacy protection of the e-data information exchange between the public and private sector. The paper concludes that new relations to technologies form an inevitable and fundamental sign of a post-industrial society, but the professionalism of the public administration together with the duty of confidentiality and the right for privacy together with appropriate legal regulation should guarantee that technologies be used solely for legal interference with the right for informational self-determination. Keywords: public administration; private sector; informational self-determination; privacy protection; e-data exchange; paper document digitisation

  • Regulation regarding the reception of the construction works and the corresponding installations in Romania

    The new Regulation regarding the reception of construction works and corresponding installations, approved by Government's Decision no. 347/2017 (“Regulation 2017”) has general applicability for all construction works for which there is an obligation to obtain a building permit. Regulation 2017 brings significant changes and clarifications expected by the real estate sector regarding: (i) the composition of the commissions involved in the reception procedure, (ii) the role of the site supervisor who thus gains significant participation in the reception procedure, and (iii) the participation of the public authorities' representatives at the reception, having the veto right on the decision of the reception commission upon the completion of the construction works. Another element of novelty brought by Regulation 2017 is the possibility to do the reception upon the completion of the construction works, respectively the final reception for parts / objectives / sectors of or from the building, if they are distinct/ independent from a physical and functional point of view. Thus, the new regulation facilitates the procedure of authorizing investment objectives and the costs of the process. The partial reception is another innovation brought by the Regulation 2017 in support of the investor, who can thus take over a part of the construction, at a certain stage, and obtain its registration with the Land Book. Keywords: construction law, construction works, construction quality, authorisation of construction

  • Implication of the offense of deception, false and use of false in the civil trial

    The objectives of our study consist in showing that the offense of deception in witness testimony during the civil trial by attribution of lying qualities in order to impress the court, grafted on false and use of false used by the one giving the witness testimony in the civil trial, false introduced and used by this one on the date of the criminal case trial which the defendant in the civil trial on moral damages invokes, considering that such defendant was a defendant in a criminal trial where he/she won with the witness proposed thereby in the civil moral damages trial, may lead to an erroneous solution in the civil case, in case the defendant in the civil trial fails to timely notice such things or the courts fail to corroborate the defendant’s evidence in the civil trial. The research methods consist in analysis of several court orders. The results of the study lead to the idea that criminal claims addressed in reference to certain offenses claimed during the civil trial should be settled under emergency regime, as the implications of certain offenses, like deception in witness testimony, instigation to deception, false and use of false, on one hand, and failure to corroborate the defendant’s evidence in a moral damages trial, for instance, on the other hand, may have serious repercussions on the defendant. Keywords: witness testimony, lying qualities, false, use of false, appeal in annulment, false registration

  • Considerations on nullity in case of companies under Romanian law

    The company acquires legal personality after a series of formalities required by law are fulfilled, formalities that concern the constituent acts on which it is based. For this reason, it is very important to know the legal status of the company's constitutive acts and the consequences of their irregularities. Hence, both the essential conditions and the form of the company’s constitutive acts are analyzed based on the legal provisions. It is also necessary to distinguish between the nullity resulting from the unlawful drafting of these constitutive acts and the nullity of society as such. Therefore, this paper is focused on these differences, as well as on certain practical issues about nullity starting from a recent court decision handed down by the Romanian Supreme Court. Keywords: Romanian law, company, companies’ law, nullity

  • The new Romanian regulation of undeclared labour

    The “black” labour is an indicator of how efficient is the enforcement of the labour law. Irrespective of how progressive may the labour law system be in a society, the proliferation of work without employment contracts expresses the failure of the labour law system in the real market. In Romania, Labour Code has been dramatically changed in the summer of 2017, especially with the declared goal to better organize the fight against the undeclared work. This paper is an analysis of the impact of these changes in an attempt to highlight the consequences of the new regulation, which seems to be fighting undeclared work predominantly by punitive tools. Following a general approach to the vulnerability of the worker without an employment contract, as well as some of the reasons for such choice, the analysis starts from the identification of the practical difficulties raised by the new regulation. On the other hand, the paper highlights the benefits of returning to the consensual nature of the employment contract, as well as the disadvantages of the excessive widening of the definition of the concept of undeclared work. Keywords: labour law, undeclared labour, Romanian Labour Code, labour inspection

  • Considerations on the conditions under which the employer may monitor their employees at the workplace

    Recently, the European Court of Human Rights in the case Barbulescu v. România has ruled that the national courts did not ensure respect for the right to privacy in the employment relationship of an employee who had been disciplinary dismissed for using the internet and an IT application in the personal interest during the working hours, dismissal which was based on evidence obtained after the employer had monitored the employee’s electronic communications. The Court concluded that the national courts failed to strike a fair balance between the employee’s right to private life at the workplace and the employer’s right to supervise and control the work of his employees. Thus, the Court found a violation of Article 8 of the European Convention of Human Rights. In its decision, the Court specified the criteria to be applied by the national authorities in order to achieve a balance between the rights of the two parties (employee-employers). The herein study aims to briefly analyze the case and to establish the concrete elements that employers should consider if they intend to monitor their employees in order not to violate their right to private life at the workplace of the latter. Keywords: employee, employer, privat life, monitor, labor law

  • Procedural incidents: relinquishing the legal action in the appeal proceedings or in the extraordinary legal remedies

    The principle of law of the availability implicitly includes the possibility granted by the lawmaker to the parties to perform proceeding disposition acts. As regards relinquishing the legal action, the Civil Procedural Code applicable to date included, in art. 406, para. 5, an apparently irrelevant amendment; however, the jurisprudence shows this cannot go ignored, as the premises of party damage proved to be present. Therefore, this paper aims at sounding the alarm on the potential consequences of annulling previous Court Orders in case of relinquishing the legal actions during the appeal proceedings or in the extraordinary legal remedies, which, as proven by the jurisprudence in Court, may lead to important losses for the Party that is not at fault. Keywords: relinquishing legal action, disposition act, quashing, legal expenses, consent

  • The parties of fiduciary contract

    The parties of the fiduciary contract in general, and the fiduciary in particular represent the “engine” that moves the gear of this innovative institution. This study is dedicated to the analysis of the most important aspects regarding the parties of fiduciary contract as they are briefly regulated by civil Code, both by reference to current national regulation and practice and by reference to international law and practice. On one hand, it is relevant that there are some restrictions imposed by the legislator on the fiduciary capacity and, on the other hand, there is a partial lack of correlation between the current legislation regulating the activity of the qualified subjects of the potential fiduciaries with the provisions of civil Code. At the same time, very useful regulations have been issued for some of the fiduciary categories (investment companies and lawyers) that facilitate their access to this institution and the use of fiduciary agreements in practice. However, in general, the lack of clarity and insufficient legislation, as well as unawareness by some potential beneficiaries of this institution, keeps the utilization of fiduciary contracts at a low level in practice. Keywords: the parties of the fiduciary contract, settlor, fiduciary, beneficiary of the fiduciary contract, fiduciary-lawyer, Romanian civil Code

  • European Citizens' Initiative

    The European Citizens’ Initiative is the expression of participatory democracy within the European Union, where one million citizens of it, who have their domicile in at least one quarter of the Member States, have the right to invite the Commission, to submit a proposal for a legal act in the application of treaties. The Citizens Initiative has its source in the concept of European Union Citizenship, first governed by the Treaty of Maastricht (Treaty on European Union/TEU). At present, the European Citizens’ Initiative has its legal basis in the TEU, TFEU, Regulation (EU) No. 211/2011 and in the Rules of Procedure of the European Parliament. Regulation (EU) No. 211/2011, establishes detailed procedures and conditions for the Commission to make such an initiative. Since the implementation of the EU Injunction, three initiatives have been submitted to the Commission, which have proved viable. Keywords: EU law, legislative initiative; European Citizenship Initiative; Treaty on the Functioning of the European Union

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