• 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

  • Unfair contractual terms and practices in relation between professionals

    The purpose of this study is to analyse the main elements of novelty brought by the transposition of the Directive 2011/7/EU of the European Parliament and of the Council on combating late payment in commercial transactions in the Romanian national legislation by Law no. 72/2013 on the measures for combating late payment of a certain amounts of money resulting from the agreements concluded between the professionals and between professionals and contracting authorities. The current analysis is based on the interpretation of the legal previsions of the above mentioned acts as well as on the related secondary legislation. It is important to underline that at the moment of this study there is few court practice on this subject matter at the national level as well as of the European communit...

  • Specialized courts of the European Union

    Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU). Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decisi...

  • Role of arbitration as an alternative to state justice

    Arbitration is an alternative jurisdiction to state justice, characterized by privacy. As part of managing this type of jurisdiction, the parties to the dispute and the competent Arbitral Tribunal may establish other rules of procedure which may depart from common law; such rules shall not be contrary to public order or to the binding provisions of the law.

  • Customs duties. Customs tariff

    Romania Import Tariff is from 1 January 2007, the Common Customs Tariff of the European Union. Applicable in all EU Member States, it ensures the smtooh functioning of the European internal market. From 1 January 2007, as a member state of the European Union, Romania applies the EU Common Customs Tariff. Common Customs Tariff duties lists applied to each tariff line imports from third countries, by all EU Member States, the regime most favored nation clause. Customs duties included in the Common Customs Tariff commitments made by the EU in the WTO for the tariff, on behalf of all Member States. The vast majority of the Common Customs Tariff duties are consolidated in the WTO 1.5.1. The legal basis of the common customs tariff is the Council Regulation no. 2658/87/23 July 1987 on the tar...

  • Some considerations regarding the revocation of the company director

    In principle, in Romania, according to current regulations, the director of a company can not address the court against the decision of the general meeting of shareholders through which he/she was revoked from his/her position, regardless of the reasons for the revocation. However, if the director is also the shareholder of that company, he/she may appeal the decision of the general meeting of shareholders, for other reasons than the revocation itself. This is the case even if, by that decision of the general meeting of shareholders it has been decided, inter alia, the revocation of the director. Also, the laws of Romania stipulate that the revoked director has the possibility to claim in court damages if he/she fulfilled correctly the duties as director of the company. At the same time...

  • The main operations of reorganization through mergers of trading companies

    Notwithstanding the optimistic forecasts issued by experts a couple of years ago, the economic predicaments of the European Union’s member states, including Romania, are far from being settled. The extension of the economic and financial dowturn, the continuing process of globalization and the financial markets’ volatility have imposed an unparalleled flexibility upon the economic agents, in that the amount of mergers and acquisitions has risen at a both national and international level. This background calls for a detailed but nonetheless approachable study of the reorganization of the trading companies though mergers, aimed mainly at the business environment. In order to reach the aforementioned objectives, the theoretical endeavor seeks to explore the relevant legal provisions, inclu...

  • Comparative study: Limited liability company versus unlimited liability company

    Our goal is to differentiate between the legal regime of the limited partnership and that of the unlimited company, by drawing a comparison between civil and special settlement in terms of the following criteria: definition, contributions, capital divisions, the Articles of Association, registration, management control, withdrawal/exclusion of a partner, dissolution/ liquidation. The opinions expressed in the chapter devoted to conclusions are relevant to Romanian and French Law as well.

  • Several aspects regarding orphan works after the adoption of EU Directive 2012/28/EU of the European Parliament and the Council of 25 October 2012

    This study aims at presenting the new legal provisions at EU level regarding orphan works (Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works) and their transposition into national law. The study explains the content of the Directive and raises some issues regarding the transposition into national law. It also highlights several problems which can occur in this process because of errors in translation.

  • The identity crisis of the labour law

    Labour Law is dealing with a period of tremendous changes, which may jeopardise its legitimacy. It may be even true that labour law is living now its last days, and only a possible ‘reinvention’ may lead to its survival. One of the reasons for this crisis is found in the evolution of the relation of the labour law with the "mother" branch, civil law. The paper is proposing an exam of the flexible relation between labour law and civil law and to react to the tendency of the reincorporation of labour law in civil law and of the dangers of such development. It is also presented the impact upon labour law of the recent paradigmatic change of the civil law, and some criteria for identifying the applicable civil law norms to employment relations. There are laid down a couple of conclusions re...

  • University autonomy and academic freedom - Meaning and legal basis

    The University autonomy and academic freedom are principles that govern higher education in Romania, and also lifelong learning. The importance of these principles for the proper functioning and development of higher education is highlighted in the national and international reference documents. Consequently, a correct definition and circumstantiation of them are essential to give support and substance to this development. Considering the importance and necessity revealed, this study aims to identify the meanings of mentioned principles by reference to the national legislation and the international developments.

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