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The group of economic interest is created as a partnership between two or more physical or juridical persons and its aim is to facilitate or to develop the economic activity of its members or to improve the results of their activity, on a determinated period. The group of economic interest was first created in French Law and it was created as an intermediar structure between a trading company and an association. The organisation and the function of a group of economic interest is increased on his members’ will. The idea of creating a group of economic interest was determined/born out of the necessity to provide a judicial instrument what attenuates the formalism of a trading company, but also removes the disadvantages of an associatioan regarded to the lock of juridical personality. The trading companies implied in such a group maintain their administrative and functional authonomy and their own identity as a juridical person. The European Group of Economic Interest is a legal person which aims, exclusively, the cross-border economic cooperation between European Union member states. The European Group of Economic Interest is, generally, a legal person (except for some member states like Italy, Austria or Germany). The acknowledgement of this statute helps realizing the group’objectives (the development of the member’s activities). In all states, a group has the capacity, in his own name, to have the any kind of rights and obligations. A group can conclude a contract or any other legal act, can take part in lawsuite, accordingly to European Law. The areas that are not mentioned by the stipulations of the european Council’s Regulation are regulated by the competition and intellectual property national law. The European Group of Economic Interest, at least theoretically, proves to be a flexible legal instrument, first of all, because it adapts to the different needs of its members. First of all a European Group of Economic Interest offers for its members the possibility to unite their forces and resources in order to obtain better economic results together. Its advantage stands in the flexibile organisation and function and in the fact that it does not necessary require a registered capital. -
In the judicial practice, there are divergent opinions regarding the settlement of cases in which the reports drawn up by the Labor Inspection are contested, invoking the inexistence of work accidents. Some courts have considered that the litigation should be tried by the administrative sections in the courts of law, others have decided that trial courts have the competence required to solve the case in the first instance and a third opinion is that of dealing with the case separately and of solving the aspects regarding the administrative sanctions and, respectively, the nature of the accident by different courts. The author considers that the complaints against this type of reports fall under the jurisdiction of trial courts and not under the jurisdiction of administrative courts. -
In this study, the author, opposing the opinions expressed in a recently published study, reaches the conclusion that, after the Police Officer Status enters into force (Law no. 360/2002), the recovery of expenses from police officers (trained by the Police Academy) failing to comply, for reasons imputable to them, with the obligations included in the commitments undertaken according to art. 9 of the Government Decision no. 137/1991 or art. 17 of the Government Decision no. 294/2007, shall be made according to art. 84–85 of the Civil Servants Status (Law no. 188/1999, as republished) and never according to common law (the civil code/law), by way of an action filed to the common law court.
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In this study, the author examines the possibility of including in Romania, in the private law contracts (civil or commercial), some hardship clauses, (the hard ship clause in the Anglo-Saxon law and in the foreign trade law), even if there is no explicit regulation in this respect in current Romanian positive law (there is an explicit regulation only in the new Romanian civil code – art. 1271 – , but this Code has not become effective yet and, at present, nobody knows when it will become effective). Further on, after defining the notion of “hardship clause”, the author, also taking into consideration the Romanian legal doctrine in the matter, examines the field of application, as well as the conditions of the hardship clause. Key words: Hardship clause in private law contracts; field of application and conditions in the current Romanian law.
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Criminal law, as a set of mandatory rules of conduct, compliance with which is imposed by the coercive power of the state, applies to all the people on the territory of a given country and for a certain limited period of time. Therefore, the putting into effect of criminal law means the fulfillment or non-fulfillment of the duties it provides for, in relation to two essential elements: “territory” and “time”. The application of criminal law on the territory means the actual fulfillment of instructions carrying sanctions in relation to the territory in which a crime was committed, in the country or abroad. The Romanian criminal law is aimed at and applies to the people in the territory of Romania and who must comply with its provisions. The new criminal code has brought numerous and substantial changes to the principles behind the application of the Romanian criminal law in the territory and which we will examine hereinafter.
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The new Criminal Code, which brings numerous innovations to the scope of accusation under the Romanian criminal law, stipulates, in the text of art. 239, the sanctioning of a debtor’s action of alienating, hiding, deteriorating or destroying, in whole or in part, values or goods in its assets or of invoking false acts or debts for the purpose of defrauding creditors or the action of a person who, knowing that it will not be able to pay, purchases goods or services thus causing damage to the creditor.
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In this study, the authors examine 12 texts in which the new Romanian Civil Code (published on 24 July 2009, but not yet effective) explicitly provides for using the procedure of presidential ordinance in 12 clearly stated situations
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The above study examines the issue of the articles of association and the nullity of the legal entity in the new Romanian Civil Code (adopted by the Parliament, published in the “Official Journal of Romania”, but not yet effective). In dealing with the above-mentioned issue, the author examines the nullity of a company’s articles of association (in Law no. 31/1990 on companies and in the new Civil Code), the effects of a company’s nullity, the legal entity’s nullity – in the current law and in the new Civil Code –, the effects of the legal entity’s nullity, as well as the European source of the legal entity regulation in the new Civil Code (Directive 2009/101/EC, a directive abrogating and replacing the Directive 68/151/EEC).
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On 10 December 2009, the Parliament of Romania passed the Law no. 381/ 2009 regarding the introduction of the preventive concordat and the ad-hoc mandate. This paper examines the main features of these preventive instruments, designed to be used by the debtor in order to avoid the opening of the insolvency procedure, while restructuring its undertaking and its debts, as to provide satisfaction to the creditors. The author analyzes the categories of debtors that are eligible for such procedures, the role played by the judicial bodies, the proxy and the conciliator and the mechanism of implementation and the effects of the preventive concordat and the ad-hoc mandate. The final part is critically addressing the chances of these preventive instruments to satisfy the interests of both the debtor and the creditors.
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The author carries out a thorough analysis of all the regulations under art. 1381-1395 of the new Civil Code regarding the recovery of damages caused by extra-contractual causes. Thus, in the first part of the study, the author approaches joint liability, in case two or more persons are liable for one and the same damage. Also, a large part of the work deals with the principles governing the right and correlative obligation to recover the damages: the principle of full recovery and the principle of recovery in kind of the damages; both principles are explicitly provided in the texts of art. 1385 and 1386 of the new Civil Code. The central part of the work deals with a review of the recovery of damages by means of a money equivalent, referring in particular to the establishment of compensation for the full repair of personal injuries, both in their material and in their moral form; in the same context, large discussions are presented in relation to the pecuniary recovery of indirect damages. Another special place in the work is held by the presentation of the regulation regarding the correlation between the social security rights of the immediate or the indirect victim and the compensation that may be granted to such victim for recovery of the damages caused. The study ends with a review of the extinctive prescription of the right to claim and obtain in court the recovery of damages under tort liability.
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Obligaþia celui care a edificat o construcþie pe terenul altuia de a o ridica la solicitarea proprietarului terenului are caracter civil, în condiþiile în care pãrþile nu au dovedit cã respectiva obligaþie ar avea în vedere un fapt obiectiv de comerþ cuprins în obiectul de activitate al vreuneia dintre ele pentru a fi incidente dispoziþiile art. 3 sau cele ale art. 56 C.com. ºi nici cã prin voinþa lor obligaþia de a face în discuþie ar fi dobândit o naturã comercialã, aºa cum prevede art. 4 C.com. (Înalta Curte de Casaþie ºi Justiþie, Secþia comercialã, decizia nr. 1448 din 14 mai 2009).
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The European arrest warrant is an extremely relevant subject these days, being one of the concerns of the European lawmaker, the EU Member States and the national authorities (Ministry of Justice, courts of law, prosecutor’s offices, police structures) involved in this field. In this article, the author presents the main particularities of the European arrest warrant enforcement in the EU Member States, emphasizing both its positive aspects and the difficulties met by the Member States in transposing the provisions of the Framework Decision no.2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
