• 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

  • 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...

  • Theoretical and practical aspects regarding the matrimonial convention between spouses

    By way of the present study, the authors have proposed to analyze the matrimonial convention between spouses, both from the perspective of theoretical considerations, as well as from the point of view of the notary practice. The writing pursues to display the organizational possibilities of the pecuniary aspects of marriage in the current economic context, grafted by the variety of marital situations. The study identifies the elements which can influence spouses’ preference towards a certain matrimonial regime, and highlights the role of the public notary in the arrangement of the chosen matrimonial regime. The piece of work emphasizes the particularities of national law in the matter of matrimonial convention, in the light of the pithy French influence, and presents the advanced soluti...

  • 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 resea...

  • Know-how provider's right to claim damages for non-pecuniary loss in light of the legal nature of know-how

    The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertainty exists as to the degree or type of protection regarding the legal nature of know-how. There are different opinions put forward, which defines the legal nature of know-how as a property, an intangible asset, a monopoly of fact and a personality right. Finally, and on the basis of the conclusion rea...

  • 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: R...

  • Legal subordination ? criterion applicable to the recurrence of legal nature of the contract (as individual labor)

    The International Labor Organization adopted, in 2006, Recommendation no. 198, synthetically describing the features of a working relationship. Thus, work done in a labor relationship must meet certain requirements, namely: to be performed according to instructions and under the control of another person; to involve the integrator of the organization in the organization of an enterprise; be executed exclusively or principally for the account of another person; be personally fulfilled by the worker; to be carried out in accordance with a determined timetable and at a specific place or accepted by the beneficiary of the work; have a given (predetermined) duration and show some continuity; to assume that the worker is at the disposal of the other person; to involve the beneficiary in the p...

  • 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 choic...

  • The fundamental freedoms of the single market on the path towards horizontal direct effect: the free movement of capital ? lex lata and lex ferenda

    The paper examines both likeliness and expediency of establishing horizontal direct effect of the TFEU provisions inaugurating the free movement of capital as the “youngest” of the four fundamental freedoms in the Single Market. In pursuing this aim, author starts with portraying the status quo regarding horizontal direct effect of other fundamental freedoms and attempts to deduce from some of the cornerstone cases the most important arguments given by the CJEU, i.e. key rationale utilized thus far for establishing horizontal direct effect. After these general analyses, the author examines the current scope of application of the free movement of capital provisions in view of the issue at hand and investigates whether in conjunction with the reasoning of the CJEU in other free movement c...

  • 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 s...

  • Considerations on the sources of Romanian administrative law. The need to codify the rules of Romanian administrative law

    This article analyzes the formal sources of Romanian administrative law: Constitution and constitutional laws, organic laws and ordinary laws, simple ordinances and emergency ordinances adopted by the Government, administrative acts of a normative nature, customary law, jurisprudence, legal doctrine, the position of the international treaties and the legal order of the European Union within the sources of the Romanian administrative law. At the end of the article we analyzed the need to codify the rules of administrative law in Romania. The codification of the rules governing the action of the public administration presents an indisputable advantage for the citizen who will find in a single normative act all the rights and obligations that come within the content of the administrative l...

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