• 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.

Latest documents

  • Particularities of the employment contract of the professional foster carer in Romania

    This paper assesses certain aspects regarding the establishment of the employment contract for the professional foster carer from the perspective of internal and international norms, legal practice (internal, ECHR, CJEU), which characterize this type of employment contract for the purpose regulation thereof, namely the requirements and needs of children in foster care. The legal framework on the exercise of the foster carer profession stipulated by Government Decision (GD) 679/20032 brings into effect the provision of art. 62, section 1, let. b of Law no. 272/20043 on the protection and promotion of the rights of the child. In the following, we shall identify the non-exhaustive particularities of the employment contract for the professional foster carer that justifies the classification...

  • Legal liability through the prism of the new conceptual mutations

    The concept of legal liability is traditionally approached, first in the General Theory of Law, then in each branch legal discipline. From this perspective the role of this fundamental concept of law is emphasized, the legal liability is defined and classified in its main forms (disciplinary, civil, administrative, criminal), the conditions for engaging in any form of legal liability are highlighted. The present study does not aim to analyze what is known, which is not lacking in any academic course of law theory, which has been the subject of numerous writings in the field, including within national doctoral research and not only. Through this study, we aim to highlight the fact that at present there are serious reasons to believe that, compared to the traditional coordinates of the le...

  • Special considerations regarding indirect expropriation in international economic law

    The right to property is a human right that has to be respected so that if the property of a natural or legal person is taken over, the respective person has to be compensated. The right of a state to control the economic business is one of the rights sustained and exercised by the states on a constant basis. This reflects the inherent sovereignty of a state to control its people, incidents and objects found on its territory. Between these rights, the situation of indirect expropriation appears which has been described in the doctrine as being very abstract and rigid, big lacunae existing. The sense of the indirect expropriation and of the international investors’ protection against the indirect expropriation is very ambiguous. Using different methods specific to scientific analyse of t...

  • The European company, perspectives after Brexit

    The history of the companies has proven to all of us that this area may have a dynamic similar to the most energetic ones in life. The human societies have changed and developed and together with them the companies were forced to adapt themselves in order to exist and to function over the times. The creation of the European Union brought probably the biggest changes is these fields and the European countries, now member states, have adapted their judicial system in order to have a more uniform and harmonized system. The degree of this status quo, with the rich and eventful historical, cultural and political background is highly debatable and very subjective. With the desire to build a common market, to increase trade and welfare, one of the most significant challenge was the creation of...

  • How do we qualify primarily the concept of ?residence' of the natural person in Romanian private international law?

    The provisions of Article 2570 of the Civil Code regulate two types of habitual residences, namely: the habitual residence of the individual (paragraphs 1 and 2) and the habitual residence of legal persons (paragraphs 3 and 4). The Romanian Authority must use pursuant to Article 2570 of the Civil Code the Romanian meaning of the concept of “residence”. Therefore, in order to make the primary qualification of the concept of “residence” in Romanian private international law it is necessary to take into account the scope of the concept of residence in Romanian domestic law. This article aims to study and analyze the instrument of the institution of residence of the following legislation: We will try to analyze in the first point which is the meaning of the notion of residence in Romania of...

  • 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...

  • Theoretical and practical references regarding the applicability of the employer's obligation to inform the employee

    The obligation to inform the employee is one of the most important obligations of employers in labor relations. Regulated by art. 17-19 of The Labor Code, the employee's obligation to inform the employee is the subject of controversy in doctrine and practice. In this study we will analyze the applicability of the information obligation and make proposals for lege ferenda on the basis of the arguments presented. Keywords: employer's obligation to inform the employee, Labor Code, de lege ferenda proposals

  • 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 fo...

  • Considerations regarding the characteristic features of potestative rights under the Romanian civil law

    Potestative rights are still representing an exotic category of subjective civil rights. We are saying that it represents an exotic category because, although in practice they are frequently encountered, the theoretical approaches regarding their general legal regime are extremely limited. Therefore, in the present study we will focus on identifying the characteristic features of potestative rights, as well as highlighting the similarities and differences between these rights and other categories of civil subjective rights. From this point of view, we will focus on the similarities and differences between potestive rights and debt and in rem rights, concluding that potestative rights are a category of intermediate rights, as it lends specific features from both, debt and rights in rem. ...

  • 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 novelt...

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