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UNIFICATION OF NATIONAL LAWS IN THE CONTEXT OF ECONOMIC GLOBALIZATION

Author(s): A. Mamedov / Language(s): English Publication Year: 0

The article examines unification of national laws in the sphere of economics and finance context of globalization. The modern era - an era of globalization, which includes the highly dynamic development of integration processes in various areas of activity of the state. Globalization is an objective the emergence of supra-national / transnational elements of legal regulation. More and more questions of domestic jurisdiction transferred to the states under the international legal regulation. Therefore, considering the legal regulation of relations in the sphere of economics and finance in the modern period, we can not ignore world integration processes as a result of globalization.

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КЪМ ВЪПРОСА ЗА ОСПОРВАНЕТО НА ПАРЛАМЕНТАРНИ ИЗБОРИ ПРЕД КОНСТИТУЦИОННИЯ СЪД НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Zornitsa Yordanova / Language(s): Bulgarian Publication Year: 0

the report treats the existing legal regulation and the case-law of the Constitutional court of the Republic of Bulgaria on disputes concerning the legality of elections of the National Assembly as a whole as well as the election of individual members of the National Assembly. As a result from this investigation some suggestions de lege ferenda are made in the aim of assuring a real opportunity for participants to defend their rights in the electoral process

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АВТОНОМНОСТ НА ПАЦИЕНТА - РАЗВИТИЕ НА ПРАВНАТА УРЕДБА В БЪЛГАРИЯ

Author(s): Maria Radeva / Language(s): Bulgarian Publication Year: 0

The inviolability of person as a fundamental human right is expressed through the idea of the autonomy of patient. Autonomy of patient is a fundamental ethical and legal principle in medicine. The principle of autonomy has an important role in the development of bioethics. The subject of this study is the development of national legislation regulating the autonomy of the patient.

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ОТНОСНО ЗНАЧЕНИЕТО НА ДОБРИТЕ НРАВИ В ТЪРГОВСКОТО ПРАВО

Author(s): Aleksandar Ivanov / Language(s): Bulgarian Publication Year: 0

The article is dedicated to the significance of the boni mores in the commercial relations according to the Bulgarian Law.

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НЯКОИ АСПЕКТИ ОТНОСНО ПРЕДМЕТА НА ДОГОВОРА ЗА ФАКТОРИНГ И РАЗВАЛЯНЕТО МУ

Author(s): Krasimir Koev / Language(s): Bulgarian Publication Year: 0

The article describes some aspects, regarding the subject of factoring contracts and its influence for the rescission of the contact according to the Bulgarian Law.

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КОНВЕНЦИЯТА НА ООН ЗА ПРАВАТА НА ДЕТЕТО И ДЕЙСТВАЩАТА НОРМАТИВНА УРЕДБА НА ПРИПОЗНАВАНЕТО В СЕМЕЙНИЯ КОДЕКС НА РБ

Author(s): Anna Cholakova / Language(s): Bulgarian Publication Year: 0

This report is based on the article 7 of the UN Convention on the Child’s Rights, related to the matter of the origin. The main purpose of the paper is to analyse if the current legal regulation of the affiliation is relevant to the rules of the international law. The main idea shared is that the Family code rules have to be improved in order to obtain more legal opportunities for revealing the real natural origin of the individuals.

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ПРАВНА СИЛА И ВЛИЗАНЕ В ДЕЙСТВИЕ НА АКТОВЕТЕ ЗА УСТАНОВЯВАНЕ НА ДАНЪЧНИ ЗАДЪЛЖЕНИЯ

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

The report focuses on the legal force and the entry into force of the acts, which establish tax obligations, and it is not intended to be exhaustive. It includes a comparative legal analysis of the procedure for amending an effective Act establishing tax obligations stipulated in the Tax and Social Security Procedure Code with that for resumption of the administrative proceedings governed by the Administrative Procedure Code. There are also made some "de lege ferenda" suggestions to improve the existing legal framework.

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How Efficient is to Judge By Standards in a Civil Law Country? A Law and Economics Approach on Brazilian’s Precedent System

Author(s): Edson Antônio Pinto / Language(s): English Publication Year: 0

In civil law countries, the law arises, as a general rule, from a politicallegislative source that, through popular legitimacy, create norms that make up thelegal system, differently from the common law tradition, in which the bindingprecedents are acknowledged as a legal source. However, recently Brazil hasstructured a new system of precedents that imperatively binds all the Judiciary,in order to recognize, from here onwards, the normative force of the Brazilian’sSuperior Courts decisions, in a system very much alike the judge-made law. Albeit,due to this legal innovation, the question that remains is if this is the most efficientform of judicial decision-making, or if the application and interpretation of lawby the Magistrates, in an independent and individual manner, is the best way tojudge. For that reason, the present essay analyzed this new Brazilian’s PrecedentSystem on an approach of Law and Economics, considering the proper institutesof this legal doctrine, and demonstrated that the efficiency gains in this new bindingsystem, justifies its application even if it means, for part of the jurists, the reductionof Judges liberty to adjudicate.

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Неплатежоспособност при договорите за строителство

Author(s): Margarita Bachvarova / Language(s): Bulgarian Publication Year: 0

The present study analyzes the application of the prerequisites for the opening of insolvency proceedings due to failure to fulfill a construction contract. The main purpose of the author is to investigate the peculiarities of insolvency over a certain type of commercial transactions, which have as object the construction of a future property and the subsequent transfer of the object for the benefit of third parties. The scientific argument for the existence of a specific reflection of the normative regulation on the analyzed contracts is argued in the following directions: bearer of receivables and its origin; application of suspension of payments as a presumption of insolvency; determining the starting date of insolvency. The specific hypotheses in which a claim resulting from a construction contract arises have were systemized. An analysis of the specific impact of the normative requirements on this kind of agreements in practice was carried out.

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Specific Features of the Sale of Real Estate by a Trader

Author(s): Biserka Marinova / Language(s): English Publication Year: 0

The study is focused on the two features of the transactions concerned for sale: object – real estate, and subject – trader. Listed are the conditions a transaction to be subject to the legal regime of commercial law and differences in comparison with the legal Institute of the sale by the General rules of contract law. Follow the specifications relating to the conclusion, nullity, failure to comply with these agreements, including those related to the representative power. Particular attention is given to the risks of the buyer arising from the commercial quality of the seller, as emphasis is placed on any specific risks arising from the legal status of the trader which does not exist in the world of real estate, carried out by citizens-the exceptions claim which may be made by the trustee in bankruptcy proceedings against a trader; the stakes of the whole undertaking of the individual asset (immovable property) or on company share; nullity of the transaction in the presence of the public obligations of the seller.

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Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions

Author(s): Claudiu Ramon D. Butculescu / Language(s): English Publication Year: 0

This paper addresses certain issues regarding the legal status of heraldic symbols used by institutions and companies, in the framework of contemporary law, viewed from a historical perspective. The analysis starts with the legal regime of the medieval crests and coat of arms, and continues with the analysis of the rights that legal entities can exercise over the heraldic insignia, especially contemporary institutions and companies. The rights stemming from the use of heraldic insignia by institutions and companies are analyzed also from a legal perspective, both in terms of the ownership of such symbols, and from the perspective of the rights of use, which companies or institutions may have concerning with respect to these heraldic signs. To the same purport, the analysis concerning the continuity of legal rights over heraldic insignia is briefly studied, starting from the historical sources of the heraldic elements to the current civil law and regulations. Also, the article presents proposals for a law on the protection of heraldic elements related to the protection of historical crests and symbols, as well as a comparative analysis of European and international legislation on this matter. At the end of the paper, short conclusions are presented, in which the author seeks to clarify the legal status of heraldic insignia that can be used by legal persons, as well as certain prohibitions and legal safeguards.

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Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws

Author(s): Al Jashami Muhammed Khariy Qsair / Language(s): English Publication Year: 0

Punitive damages continue to take a large part of the jurisprudential debate between law scholars between supporters and opponents for reasons of constitutionality. This research is an attempt to determine the possibility of applying punitive damages incompetition laws. The researcher adopts the method of analyzing and comparing legal texts. The results of the study highlight the importance of punitive damages in competition laws.

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The Obligation of Loyalty and Non-Competition of Administrators / Directors and Associates of Commercial Companies

Author(s): Vasile Nemeş,Gabriela Fierbinţeanu / Language(s): English Publication Year: 0

Being the manager of another's assets is no longer a simple contractual relationship under the current circumstances. The duty of diligence, honesty and loyalty of the administrator towards the beneficiary receives a legal consecration in the new Civil Code as a sign that the general rule evolves sometimes anticipating the need to change the special rule. In this context, to talk about the loyalty of administrators considering the provisions of the Law no. 31/1990 on societies and about the tripartite partnership-administrator-associate-trading company from the perspective of diligence and honesty, why not extending the discussion to so-called fiduciary duties is a welcome approach for the authors, having in mind that there is sometimes a fierce demarcation line between negligence and fraud and inherent business risk. Another aspect that this article proposes for analysis is that of the noncompetitive obligation of associates from the perspective of the Civil Code and Law no. 31/1990 on societies, given that, although specific elements of competition are found in all areas and sectors of activity and between the different subjects of the legal relationship, it is undoubtedly that the most fierce competition is tobe found in commercial activities, being exercised either by businesses operating on the relevant market or by those who coordinate them .

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Agency Contract in International Trade

Author(s): Laura Rudnyanszky / Language(s): English Publication Year: 0

Cooperation is, at the same time, a crucial condition of the new international economic order, expressed via the lato sensu international trade which embraces a limitless range of economic, technical, financial, banking and similar operations. The legal relations between the states acting as sovereign powers (de jure imperii), between them and the international government organizations, as well as the organizations falling within the sphere of public international law regulation and, more precisely, of international economic law and of international development law as branches of international public law, when such legal relations refer to the field of international economic cooperation. International commercial law and international public law also feature important points of convergence, essentially stemming from the element of internationality that characterizes in equal measure the legal relations that represent their subject of regulation. Thus, the fundamental principles of international public law also apply to within the international commercial law relations and, a fortiori, to those which involve the participation of the stat. The correlation between these two legal subjects is more obvious in certain situations, such as in terms of the consequences exerted by interstate economic agreements on international trade agreements.

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Antitrust Law in the United States of America

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

United States antitrust law is a collection of federal and state government laws that regulates the conduct and organization of business corporations, generally to promote fair competition for the benefit of consumers. (the concept is called competition law in other English-speaking countries.) The main statutes are the Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. These acts restrict the formation of cartels, the mergers and acquisitions that could substantially harm competition. and the abuse of dominant position.

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Public-Private Partnerships: No Investment without an Investor-State Dispute Settlement or Investment Court System

Author(s): Samson Paschal / Language(s): English Publication Year: 0

Investor-state dispute settlement (ISDS) is arguably a neutral procedure that isused for international arbitration. Similar to other types of labour, judicial or commercial arbitration, ISDS is also designed to resolve conflicts through the use of impartial approaches that are founded in law. This arbitration alternative has become increasingly commonplace in recent years and there are currently more than 3,000 such ISDS agreements in place around the world. It is important to note, though, that ISDS is an umbrella term that subsumes a number of different types of approaches, varying in terms of process and scope. The role played by ISDS in problems solving has made entities claim that there is no international investment without ISDS. This paper seeks to examine the role of ISDS to resolve problems in procurement contracts such as PPP.

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Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment

Author(s): Ioana-Minodora Rusu / Language(s): English Publication Year: 0

In this paper we have investigated the fraudulent management offense, taking into account the provisions of the new Criminal Code. In this review, we have insisted on the constitutive content of the offense, the elements of differentiation between the rules in force and those laid down in the Criminal Code of 1969, as well as the transitional situations. We have also highlighted the continuation of the tradition of Romanian law, a tradition which implies the incrimination of this fact starting with the adoption of the first Romanian Criminal code of the modern period, namely the Criminal Code of 1864. We have also insisted upon presenting the implications of this crime in the business environment, emphasizing the need to prevent and combat this crime more effectively, contributing to increasing mutual trust in the business environment and, implicitly, to increasing confidence in the Romanian state institutions. The novelty elements are represented by the examination carried out in accordance with the new law, as well as the presentation of the judicial practice in the matter. The work is a small part of the criminal law course, the special part to be published at the Universul Juridic Publishing House at the beginning of next year. This paper may be useful to the business environment, law faculty students, and practitioners in the field.

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The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment

Author(s): Bogdan Bîrzu / Language(s): English Publication Year: 0

In the present paper we have proceeded to examine the offense provided in the provisions of art. 246 of Criminal Law (embezzlement of public auctions) in the light ofthe provisions of the new law. The novelty elements brought by this paper are the examination of the offense according to the regulations of the law in force. Representing a novelty in the Romanian doctrine, examining the offense may be useful first of all for the business environment, students of law faculties, and theoreticians. As it is a new incriminationin the Romanian law, it can also be useful to practitioners in this field. The paper is part of an academic course to be published collectively early next year. The implications of this offense in the business environment are relevant.

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Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law

Author(s): Ion Rusu / Language(s): English Publication Year: 0

In the present study we have examined the constitutive content of the fraud offense in the light of the provisions of the new law. Against the backdrop of controversy in doctrine and judicial practice, we have insisted upon mentioning and summarizing the incriminations which in their essence constitute special forms of the crime of deception,such as: insurance fraud, misappropriation of public auctions, illegally obtaining funds and offense stipulated in art.181 of the Law no. 78/2000. Last but not least, we have presented some opinions expressed in the recent doctrine, as well as Decision no. 4/2016 of the CCCJ, the competent body to hear the appeal in the interest of the law. The novelty of the study relates to the examination of the constitutive content of the offense of deceit, with direct reference to doctrine and judicial practice in the matter, references to the offenses that constitute the special forms of this crime, the decision of the Supreme Court, and the implications of this crime in the environment business. The work may be useful for students of law faculties as well as for theoreticians and practitioners of criminal law. This research continues the research in this field, which will be materialized by the publication of a criminal law course, the special part.

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Considerations on the Subjective Aspect of Corruption Offenses

Author(s): Elisabeta Botian / Language(s): English Publication Year: 0

The group of corruption offenses in the New Criminal Code presents certain changes to the old legislation and to the subjective side of these types of offenses. Accepting and offering bribes can now be done with both direct and indirect intent because the legislator has removed the condition of purpose from the subjective side of the offenses. In this way, the range of acts considered to be illicit acts of bribe was expanded and there is no need to prove the existence of other psychic processes additional to those specific to guilt. It is sufficient for the activities that make up the material element of the facts to be made in connection with certain acts of service. Influence peddling has also been reformulated, and from its content the psychic processes of the purpose that characterized the intention have disappeared, therefore, this offense can be committed with the form of guilt of intent in both its forms: direct or indirect. The only incrimination in the group of corruption offenses that has maintained the essential requirement of the purpose in the content of the offense is the buying of influence, and the psychic processes of purpose are expressed by an equivalent expression, having the meaning of finality. In this sense of finality, the psychic processes of purpose may have several meanings, and in the case of the offense of buying influence, the meaning of expression used by the legislator is to adopt or obtain a certain conduct.

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