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The study is devoted to the legislative convergences and divergences existing at the level of the European countries regarding the functioning of small and mediumsized companies. The first part of this approach emphasizes the important role of small and medium-sized companies within the national economies, including their contribution to the formation of the gross domestic product. In the author’s opinion, the support granted by the political and legislative powers, including by the doctrine, is not in accordance with the contribution brought by the small and medium-sized companies to the development of the national economies. Starting from the finding that the typical legal form of functioning of the small and medium-sized companies is represented by the limited liability companies, the author presents the most relevant aspects regarding their establishment, organization and functioning. A particular analysis is also carried out in relation to Directive 2017/828/EC, a European document that is likely to significantly promote appropriate normative convergences. The author also emphasizes some positive trends manifested at the level of the European Union, such as those represented by the elimination of the fixed minimum share capital or by the reduction thereof. Among the legislative divergences, the author analyzes those determined by the conflicts of interests between the members of the limited liability company. In particular, the author takes into account the divergences concerning the right of the minority members, whose interests are threatened by the actions of the majority members, to freely exit that company. -
Dacă, în ceea ce privește societățile pe acțiuni, legiuitorul a menționat expres în art. 118 alin. (1) din Legea nr. 31/1990 privind societățile posibilitatea ca în convocatorul pentru prima adunare generală să se fixeze ziua și ora pentru cea de-a doua adunare generală, când cea dintâi nu se ține, o asemenea posibilitate nu este prevăzută și pentru societățile cu răspundere limitată. O astfel de mențiune nu echivalează cu o convocare legală pentru cea de-a doua adunare generală, cerința celei de-a doua convocări rezultând din mențiunea expresă din cuprinsul art. 193 alin. (3) din Legea nr. 31/1990. -
Law no. 1/2011 on the National Education, effective since February 2011, under Art. 289 regulated anew the regime on the legal relationships of employment after retirement age for teaching and research staff in higher education in Romania (public, private or religious). In this respect, the above mentioned bill, after having established the principle that this staff shall retire at the age of 65, sets to rights terms under which academics and researchers may continue their activity in higher education establishments, following retirement. Study hereby is to review these terms. -
The Romanian Criminal Code in force (in 1969) does not mention domestic discipline among the reasons removing the criminal nature of the deed (art. 44-51). Similarly, the new Romanian Criminal Code (Law no. 286/2009) does not stipulate domestic discipline among the supporting reasons (art. 18-22) or among the reasons of non-imputability (art. 23-31). The following question arises under these conditions: Will the parent who pulls his / her child by the ears when committing acts of disorder in the family or behaves violently with his colleagues be convicted? Some lawyers and teachers respond affirmatively, others negatively, thus creating discussions about the existence of a right of discipline. In this study, the authors analyze domestic discipline in respect of the parents, educators and military, arguing that they enjoy a moderate and limited right of discipline, which is provided in some cases by law and in others is not. -
The legal epistemology justifies the interest of this study for the relations which are established between the notions of branch of law, of sub-branch of law, of legal institution, as well as their relations with the forms of legal liability which they regulate. In the problems of the dynamics of the relations between the branches of law and the forms of legal liability the rule is that every branch of the law knows or generates at least one form of legal liability. Starting with the theoretical challenge launched by Professor Antonie Iorgovan, regarding the elements that announce the appearance of a new form of legal liability within or outside a branch of law, the novelty proposed by this study consists in the approach of the inverse relation, precisely of the capacity of a new form of legal liability to generate a new branch of law, as well as its reception by a legal science of branch. The verification of the validity of the capacity of mutual cogeneration between the forms of legal liability and the branches of law will be achieved by means of the examples of the relations established between the ecological liability and the environmental law, the objective liability and the insurance law, the managerial liability and a possible managerial law on the ground of legal methodology. -
The author discusses the close correlation between the regulation of competition and the regulation on the protection of the consumers’ interests, involving some difficulties in distinguishing between them. That is why there is the tendency that some regulations protect both the ensuring of competition and the consumers’ interests, this ambivalence emphasizing the importance that is given in the contemporary society to the consumption law, which justifies a whole series of derogations from the principle of freedom of trade. Discussing this issue involves an examination of both the regulation of the contractual obligations and the regulation of the commercial practices. The consumer who wants to purchase a product usually has a double handicap: knows too little the characteristics of the product that is being offered and, as such, is often in the position to sign a previously elaborated contract which he can not control or understand. So it was necessary the intervention of the legislator, imposing the obligation to inform every consumer, being prohibited to stipulate unfair terms. As far as the regulation of the commercial practices is concerned, the same conclusion is drawn, namely that a consumer is exposed to a double risk: that of being deceived about the nature or the characteristics of the goods which it acquires, as well as that of being incited, by fictitious or illusory promises, to buy or to resort to the supply of a service. Consequently, the legislator has stepped in by elaborating regulations both in relation to the illegal commercial practices and with regard to the commercial publicity. The author of this article presents all these aspects having in view the scale of the legal situations that can arise and the required solutions. -
Collective redundancy is regulated at Community level by Directive 98/59/EC, giving rise to a vast case-law, this study focusing, in this context, on a particular aspect of determining the conditions for the existence of this type of redundancy: the notion of „establishment”. The interest of such an approach is justified in the light of the recent case-law of the Court of Justice of the European Union, which raises the question of the compatibility of the national law with Directive 98/59/EC just as regards the mentioned notion. At the same time, as regards the relation of the national law with the Community law, it appears necessary to determine the notion of employer established by the Romanian law and to correlate it with the notion of establishment, regulated by the European Directive. -
In terms of Romanian Tax legislation, extinctive prescription rules are contained in both the Code of Fiscal Procedure (Government Ordinance no. 92/ 2003, republished on July 31, 2007) and in the new Civil Code (Law no. 287/ 2009, republished on July 15, 2011) as well as in the new Code of Civil Procedure (Law no. 134/2010, republished on August 3, 2012 and which shall enter into force on February 1, 2013). In relation to this, the author specifically examines how these rules – in fiscal matters - should be correlated and interpreted whilst being distributed in three acts (different codes). -
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This study aims to analyze the characters of the claim of a creditor entitled to request the opening of the insolvency procedure, namely the certain, liquid and exigibile character, as well as the conditions for admitting the application for claim in the insolvency procedure. The creditor’s right to request the opening of the insolvency procedure is one of the modalities which the legislator has made available to him in order to materialize his claim right against his debtor. The opening of the insolvency procedure does not have the characteristic of an actual enforcement, because insolvency does not provide the guarantee of the effective satisfaction of the claim right against the debtor. The creditor entitled to request the opening of the insolvency procedure must have against his debtor a clear, liquid and exigible claim for more than 60 days, in a minimum quantum established by the law.
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The article reviews the organized crime phenomenon, as cross-border and multinational crime. The first section substantiates the concepts, both from a doctrine-related and a legislative perspective. An important part in terms of content and scope is dedicated to the analysis of European policies and strategies, emphasizing the security strategy of the European Union. The last part presents certain solutions for fighting against the cross-border crime phenomenon. -
The author of this study proposes a theme as original as it is actual: the environmental criminology. This subject – as the author points out – is still at the stage of structuring the object and searching its own path of asserting. Included in the specialization trend at the criminology scientific-academic, strategic and intervention level, it is considered a “special criminology” alongside with the social, demographic, cross-cultural criminology, and other types of criminology whose object of study and research are the relationships between the environmental conditions and antisocial behavior in general, and the criminal offense in particular. Both the approach of schools (e.g., the Chicago School) and currents underpinning the creation of environmental criminology from a diachronic perspective of the subject, and the approach of the differences between the concept of environmental criminology and other related concepts raise reader’s interest.
