Keywords: Daniel; Teodotion; Old Greek; Society of Biblical Literature Commentary on Septuagint; SBLSCS;
This paper aims to briefly introduce the Society of Biblical Literature Commentary on Septuagint of Daniel. The commentary is designed to elucidate the meaning of the Old Greek (OG-Dan) and Theodotion (Th-Dan) versions, using a text-as-produced methodology. The application of this methodology to Septuagint Daniel affords unique insights, in which both the challenges and the opportunities are simultaneously present. As such, this paper highlights three directions of investigation that underscore the complexity of our task: the character to Th-Dan as a revision; the special nature of OG-Dan 4–6, which presupposes a parallel Semitic edition which differs from MT; and the Additions to Daniel of whose Semitic underlying texts are lost.
More...Keywords: Septuagint; Masoretic Text; OT Quotations; Gospel according to John; Psalms; Heel; Judas;
This investigation aims to determine whether in the case of Judas' heel lifted against Jesus in John 13, 18 one can really speak about the proper sense of the phrase, expressing violence. At a more thorough look, we can easily find arguments to say it is rather a calque, one which led to frequent misinterpretations of the verse. In the quotation John gives there, Septuagint had rendered the Hebrew for 'heel' with the Greek for 'craft', which meant that it recognized a metonymy which describes a nonviolent meaning. The biblical meaning of the 'heel' may go beyond the literal sense (the anatomic back part of the foot), to include grasping someone by that anatomic part, in order to deceive him. Credible grounds in the Patristic tradition and in modern exegesis are in favour of revising the translation of the verse, according to this wider meaning. Some English and Greek biblical editions already did this, whereas the Romanian New Testament can rely on the solutions provided by the previous versions of the Old Testament.
More...Keywords: Psalm; Gospel; phraseology; linguistic/stylistic conservatism; typology; unity;
Our study represents a double comparative synchronic research, which aims to analyze the phraseological structures in the modern text of Psalms compared to the Gospel text. In our analysis we deepen and take into consideration the representative biblical versions of different denominations, respectively Orthodox and heterodox (Catholics and Protestants) (BO, BI, BP, and NTC). For this research we have considered many structures with religious meanings, or those that are met only in ecclesiastical texts, but we have also taken into account a series of common language constructions. After the material was extracted and classified according to the categorical content, we have shown to what extent the valorization of the idiomatic phrases supports the intrinsic traditionalism of the ecclesiastic text, as well as the possibility to be part of the typological perspective. Two other objectives of our approach have concerned the question regarding a possible stylistic conservatism, on the one hand, and the degree of linguistic and stylistic unity of the text envisaged, on the other.
More...Keywords: piercing the corporate veil; lifting the corporate veil; corporate personality; limited liability;
The approach to the concept of piercing the corporate veil was criticized in Romania for its lack of principles and because it does not ensure enough guarantees against the abuse of legal personality. This article aims to compare the practice of three different jurisdictions that regulated the principles which safeguard the limited liability of companies and to show the advantages and disadvantages of having one common legal framework in order to propose a better solution for regulating corporate law in our country.
More...Keywords: preventive measures; legal persons; challenge; rescission of preventive meassures against legal persons;
The presentation aims to analyse art. 493 par. 7 of the Romanian Criminal Procedure Code which regulates the challenge of preventive measures taken against legal persons. The presentation will provide an overview of aspects such as the persons who can file such a challenge, the arguments which can be brought, the competent court, the decision to be taken, as well as the possibility to challenge the court order through which the court of appeal takes or maintains the preventive measures, based on the relevant case law and legal literature. A paralel with the rescission of preventive measures shall be made, in order to bring into light the main differences between the two regulations.
More...Keywords: principle of personal criminal liability; legal person; criminal liability of the legal person; merger; division;
Since the publication in the Official Monitor of the Law no. 286/2009 on the Criminal Code of Romania, art. 151 RCC gave rise to discussions in the doctrine. Seen as a text meant to counteract the maneuvers of evading criminal liability by legal entities through various techniques and methods of economic and fiscal transfers, art. 151 RCC was inspired by the provisions of art. 11 para. (8) Portuguese CC but also art. 29 32 of Italian Decree Law no. 231/2001 on the administrative criminal liability of legal persons. Despite the good intentions of the Romanian legislator, on the one hand, the text remains, unfortunately, perfectible, while, on the other hand, it can provoke an interesting debate regarding the observance of the principle of personal criminal liability of the legal person. This article aims to debate both aspects, formal and substantial, regarding art. 151 RCC.
More...Keywords: legal person; criminal liability; market economy; criminal law; criminal sanctions; regulation; subject of the crime; particularities; normative regulations; composition of crime;
The tendency to recognize the legal person as the subject of crime and, respectively, of criminal liability has received an impetus for development in several states largely due to the need of increasing the level of legal protection of bona fide competition, of consumer rights, of environment, of occupational safety, etc. With the transition to a market economy, the role of legal persons has increased enormously. In the conditions of a fierce competition and the fight for domination on the sales markets, the legal persons with different forms of legal organization commit de facto multiple deeds that fall under the incidence of the criminal law. For this reason, in the doctrine of law there are more and more questions regarding the protection of the rights and interests of the person, of the society, of the state, of the economic system, of the environment etc. from the criminal acts committed by legal persons. Currently, criminal law with respect to the liability of legal persons is lagging behind the dynamic development of the economic sphere of society. This can be confirmed by the criminological research which shows a steady increase in the number of crimes committed by legal persons. It shows that the sanctions provided by the rules of criminal law for illegal acts committed by legal persons do not represent an obstacle to their socially dangerous criminal activity, especially since the benefit or the income obtained multiple times exceeds the amounts of fines paid. However, the relevance of a study in the matter of the particularities of preventing, investigating and combating crimes committed by legal persons is determined by the continuous evolution of the institution of criminal liability of legal persons.
More...Keywords: international criminal court; legal person; criminal responsibility; subsidiarity;
Due to the setting up of international criminal tribunals, the individual was removed from state tutelage, becoming the subject of international legal rules. In this sense, the principle of international criminal liability of the natural person has been expressly provided in the Statute of the International Criminal Court. The old conflicts judged by the international criminal courts, but also the current conflict in Ukraine, demonstrate the role of legal persons in committing international crimes. However, the legal person's liability is recognized as a general principle only at the doctrinal level. In these circumstances, to what extent are the possible perpetrators of international crimes, namely individuals, legal entities and the state criminally liable, according to international regulations?
More...Keywords: trial; insolvency; entrepreneur; punishment; economic agent; property; regulation; social danger; purpose of acquisition; attributions; legal assessment; crime; prophylaxis;
According to statistical data, the number of entities that declared insolvency in the Republic of Moldova has increased significantly. Thus, if, in 2016, 673 economic agents were declared insolvent, then only in the first quarter of 2022 their number stood at 2968 . In all countries of the world, no matter the level and degree of development of their economy, there is such a phenomenon as insolvency. It is obvious that a natural or legal person could become insolvent because of excess debt or lack of liquidity. In other cases, however, it is found that insolvency occurs because entrepreneurs are not able to manage their business, or they intentionally, through illicit actions, cause the company's poor economic condition. Therefore, the economic and financial difficulties of an enterprise may have the "domino" negative effect of attracting the financial collapse of business partners . We consider that the legislation of the Republic of Moldova provides sufficient instruments for the authorized administrator and the State Tax Service to have the possibility, together with the insolvency process, to identify offenses committed by the debtor even after the insolvency proceedings have been initiated. At the same time, we can assume that the detection of the insolvency offense in the Republic of Moldova is a rare phenomenon, because we are confronted with the problem of lack of professional training and specialization in the given field of the criminal investigation bodies, the competence in examining these crimes is assigned to the general organs of Ministry of Internal Affairs, according to art. 266 of the Criminal Procedure Code of the Republic of Moldova. However, the offense of insolvency (fictitious and intentional), as an economic crime, requires extensive knowledge of the financial and accounting field, civil law, insolvency, etc., for the instrumental provision of complex strategic investigations following the experience of the European Union. It is therefore important that criminal investigation structures investigating economic offenses in general and insolvency offenses in particular should have a high return through full use of institutional and professional capacities
More...Keywords: legal entity; criminal liability of legal entities; place of the crime; online crimes; involved natural person; EPPO;
The study aims to analyze the manner in which the place of the crime should be established in the case of acts committed by legal persons, in the three specific ways: in the object of activity, interest or name of the legal entity. The discussions start from the way in which the guilt of the legal entity is outlined and from the relationship between the legal person and the natural person, human substrate of its criminal liability. Both generic and specific issues will be addressed by reference to categories of offenses (such as those committed online) or the specificities of certain offenses in the case of legal entities. The paper also contains a few remarks on the principles specific to the application of criminal law in space, as well as on the work of the European Public Prosecutor's Office in the case of legal entities, which is transnational and dependent on the place of the crime.
More...Keywords: sole associate; individual income tax; company tax; law abuse; requalification;
This study aims to analyze from the perspective of the provisions of tax law, the viability and sustainability of entrepreneurial solutions for sole proprietorships of companies. The study raises questions about the reality of this professional profile, the tax consequences of doing business in this scenario compared to other formulas and especially to propose remedies in the name of tax equity for abusive tax practice.
More...Keywords: medical institutions; law history; legal personality; evolution;
The legal framework of the medical activity has evolved during the course of European law history together with the social and economic significance if these activities. In this paper, using predominantly the historical research method, we will examine some fundamental waypoints regarding the organization as legal persons of the institutions carrying out medical activities, which we generically call hospitals. Taking as a departure point the Roman era, we will discuss, using the modern optics in regard to the fundamental characteristics of a legal entity (own estate, discrete framework and specific purpose)the evolution of these legal persons with a medical purpose. Due to the limited extent of this paper, we will limit ourselves to the European legal space and to only a few of the significant evolutions in regard to the medical institutions with a legal personality.
More...Keywords: fundamental rights; due process; freedom of association; freedom of expression; protection of property;
The possibility of legal entities to invoke fundamental rights provided for and protected by the ECHR cannot, at present, be put under the sign of doubt. A quick horizon tour of the Strasbourg Court's jurisprudence reveals numerous cases in which legal entities have prevailed over fundamental rights attached to access to justice and its functioning, freedoms of expression, religion, assembly and association, or protection of property. The present study aims to analyze recent similar requests, formulated by legal entities of Romanian nationality, which will allow reviewing the arguments for or against the recognition of the capacity of holder of fundamental rights for the benefit of the legal entity and, at the same time, drawing the limits associated with this recognition.
More...Keywords: legal persons; moral damage; type of dameges; reputation; non material rights; forms of manifestation; freedom of expression;
The moral damage is one of the most complex type of dameges that a person can suffer. The person who suffered moral damage has the right of compensation. Most of the doctrinaires believe that moral damage cannot be estimated and also cannot be evaluated. The moral persons can suffer moral damages. The forms of manifestation are examined in the light of The European Court of Human Rights. The legal persons can suffer moral damages as a result of the violation of freedom of expression.
More...Keywords: legal entity; affiliated person; European law; tax law; transfer pricing;
Affiliate entity represents an avatar of the legal entity that has generated and continues to generate different interpretations of the provisions of tax law, from a legal and economic point of view, due to the subjective nature of its relationship with other persons that it controls directly or indirectly. This situation is provided in the context of the transfer prices at which the legal person is obliged to carry out its activity, namely the sale of goods or the provision of services, both to affiliates and to independent persons, when transferring its taxable income between various states for optimizing the effective tax. Thus, in this paper will be exposed the affiliation situations of the legal entity and the procedure of transfer pricing within the affiliation relationship.
More...Keywords: blockchain; smart contracts; ICSID arbitration; arbitration clause; validity;
Blockchain technology gained popularity with the emergence of intellectual technologies, as cryptocurrencies are also being discussed within contract law along with the interpretation of the concept of consent, and the validity of the consent written in computer codes. This article discusses the validity of arbitration clauses included in smart contracts in the light of the ICSID arbitration, decisions of tribunals and argues that although the institutional arbitration centres such as the ICSID do not possess required technical capacity, taking into account the level of flexibility of the condition of „consent in writing” interpreted in ICSID tribunal decisions on the jurisdiction, a valid arbitration agreement can be concluded in the form of smart contracts encoded and self executed. Besides, revisiting ICSID model clauses, this paper has suggested a new model arbitration clause adaptable to smart contracts.
More...Keywords: transnational law; domestic contract; international contract; transnational contract;
This paper aims to contemplate transnational (private) law, and such sui generis version of transnational law cannot neglect the concept of contract. The background of the dispute Banco Santander Totta S.A. v. Compannhia de Carris de ferro de Lisboa S.A. and others and the dispute itself fully exercises the above mentioned concept. In its transnational meaning, the concept of contract blurrs the distinction between domestic and international contracts. In the light of the concept of transnational contract, domestic contracts enable domestic private actors to enter financial markets which are beyond the political frontiers of the nation States. Such „beyond” situate us methodologically in the area of transnational law. Including in its „private” version.
More...Keywords: court decision; argumentation; principle of validity; motivation;
The relevance of the study of argumentation in public law is related to the challenges of modern litigation, which requires new approaches in the construction of a court decision. The essence of the legal argument is to provide convincing legal arguments, evidence of the correctness of resolving the dispute in the proposed manner, understanding the content of a rule, extending it to certain relationships and resolving a certain life situation. Argumentation is an important component of legal practice. It is used in the preparation of laws by parliament, in the drafting of judgments and in day to day legal practice. The theory of legal argumentation has been actively studied by representatives of foreign legal science for the last forty years, starting from the idea that rational argumentation is possible by following a set of rules, principles and procedures. The task of doing justice under the law can sometimes require, in particular, that these values, which are inherent in the constitutional order but are not expressed or only imperfectly expressed in recent legal texts, be disclosed and enforced in this decision. At present, legal reasoning needs to be scientifically studied in its form, with the main analysis of the substantive content of the argument with morality, given the constant challenges of constitutional justice and the requirement of critical judgment of judges on the application of social justice.
More...Keywords: obligations dynamics; assignment of debt; personal subrogation; assignment of contract; assumption of debt; novation;
This article focuses on the analysis of the dynamics of obligations, a concept defined by the existence of the means of transfer of rights, represented by the assignment of debt, personal subrogation, by the transfer of the obligation, i.e. the assumption of the debt, the change of the position that a party has in the obligation relationship, through the assignment of the contract, but also of the means of transformation of obligations, novation and delegation, the latter no longer being considered by the current regulation. The essence of this article consists in the comparison of these means, by reference to the normative framework, doctrine and jurisprudence.
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