Volume II, Law, Society & Organisations
Issue 2
Marius ANDREESCU, Andra PURAN, Claudia ANDREESCU
 

Any scientific intercession that has as objective, the understanding of the significances of the “principle of law” needs to have an interdisciplinary character, the basis for the approach being the philosophy of the law. In this study we fulfill such an analysis with the purpose to underline the multiple theoretical significances due to this concept, but also the relationship between the juridical principles and norms, respectively the normative value of the principle of the law. Thus are being materialized extensive references to the philosophical and juridical doctrine in the matter. This study is a pleading to refer to the principles, in the work for the law’s creation and application. Starting with the difference between “given” and ‘constructed” we propose the distinction between the “metaphysical principles” outside the law, which by their contents have philosophical significances, and the “constructed principles” elaborated inside the law. We emphasize the obligation of the law maker, but also of the expert to refer to the principles in the work of legislation, interpretation and applying of the law. Arguments are brought for updating, in certain limits, the justice – naturalistic concepts in the law.

  • Pages: 7-14
  • Published on: 1st July, 2017
  • Keywords: Principles of the law, Essence and phenomenon like aspect of the law, “Given” and “constructed” in the law, Metaphysical principles, Constructed principles
  • Received: 25th February, 2017
  • Final revision and acceptance: 27th May, 2017
Volume II, Law, Society & Organisations
Issue 2
Serban-Alexandru STANESCU
 

Upon conclusion of an international tourism contract, the contracting parties - one of which (the beneficiary) acts as the consumer – are facing legal difficulties, which are addressed by this study from the perspective of the interference between the national law and the European Union law. Thus, one of the primary issues considered herein is that concerning the determination of the applicable law based on which the rights and obligations of the contracting parties are to be established. Secondly, this study examines the applicable procedural rules in the case where a Romanian court is requested to settle a dispute arising from an international tourism contract. Finally, the study deals with the hypothesis where a dispute arising from such a contract is settled by a foreign court, and in particular with the effects of the judgment given by the foreign court on the territory of Romania. The above mentioned issues are the grounds behind this research on the legal status of international tourism contracts, in addition to the fact that, despite the rich contractual practice in the field under consideration, the amount of specialized literature on this subject is rather limited.

  • Pages: 15-21
  • Published on: 1st July, 2017
  • Keywords: External element, Consumer contracts, Applicable law, International competence, Exequatur
  • Received: 14th March, 2017
  • Final revision and acceptance: 27th May, 2017
Volume II, Law, Society & Organisations
Issue 2
Andreea-Teodora STANESCU
 

Government Ordinance no. 107/1999 is a normative act with relevance in the field of consumer protection. Thus, according to Article 30, the ordinance is supplemented by GO no. 21/1992 on consumer protection. In this context, it should be noted that the notion of consumer as defined by GO no. 107/1999 is not identical to that used in consumer protection regulations. Thus, contracts for the sale of package travels may be contracts concluded with consumers from the perspective of GO no. 107/1999, but not from the point of view of consumer protection regulations. This study will identify the features of the consumer concept in GO no. 107/1999 and in GO no. 21/1992, as a normative act comprising the common law in the field of consumer protection. By identifying the differences between concepts, this study will exemplify their legal relevance in terms of consumer protection against the introduction of unfair contract terms.

  • Pages: 23-27
  • Published on: 1st July, 2017
  • Keywords: Consumer, Consumer protection, Unfair contract terms, Contract for marketing of package travels, G.O. No. 21/1992, Law No. 193/2000, G.O. No. 107/1999
  • Received: 4th April, 2017
  • Final revision and acceptance: 27th May, 2017
Volume II, Law, Society & Organisations
Issue 2
Raluca Antoanetta TOMESCU
 

An indispensable element of social relations, primarily the contract governs our existence. Virtually anything in our lives is governed by contracts. Any move we make, school, work performed, marriage, holidays, a house or a new car, will lead to the acceptance of a contract, or are a consequence of their existence. In the light of the codifications set forth in the current Civil Code, which regularly follows the modern proposals for contract rules, the legislator gives us a clear perspective on its essential conditions of validity. Thus, along with the ability to contract and the consent of the parties, as essential conditions of validity of the contract, the cause and object of the contract also arise. The purpose of this study is therefore to reflect upon the meaning of some terms such as "the object of the contract", "the object of the obligation" or "the object of the benefit" in agreement with the regulations contained in the current Civil Code, especially because in practice but sometimes also in legal doctrine, sufficient attention is not given to the legal sense of each of them, the current rule bringing clarifying regulations.

  • Pages: 29-33
  • Published on: 1st July, 2017
  • Keywords: Contract, Object of the contract, Object of the obligations
  • Received: 10th April, 2017
  • Final revision and acceptance: 27th May, 2017
Volume II, Law, Society & Organisations
Issue 2
Andreea Nicoleta PÎRVULESCU
 

Crime has been an ubiquitous phenomenon in human society since ancient times. The evolution of mankind, through the development and emancipation of the human mind, has led to a diversification of the way in which crimes are committed, far exceeding the area of reaction of a single isolated state. Globalization is a positive reality nowadays, but along with it, some less desirable aspects, such as the speed and flexibility of the movement of people, goods, services and information, may emerge. That is why, in this context, the world's states must cooperate in the immense fight against national and international crime. Against an international scourge, the answer can only be an international one.

  • Pages: 35-40
  • Published on: 1st July, 2017
  • Keywords: Globalization, Social relations, Security, Cooperation, Legal order, Criminality
  • Received: 30th April, 2017
  • Final revision and acceptance: 27th May, 2017
Volume II, Law, Society & Organisations
Issue 2
Inesa TOFĂNICĂ, Emil HOROMNEA, Mihaela CHIRIAC
 

In our globalized world, accounting has followed the trend and it has imposed comparability norms in order to adjust to everyday economic transactions. The International Financial Reporting Standards are a set of accounting standards developed by a non-profit organization called IASB (International Accounting Standards Board). This set of standards is applied in many countries all over the world, and Romania is one of them. The advantages of IFRS are well known and recognized, but the path of IFRS adoption is not always smooth. This paper aims to present the limits and the challenges encountered by the companies which apply IFRS in their financial reports.

  • Pages: 41-45
  • Published on: 1st July, 2017
  • Keywords: IFRS, The banking system, Challenges
  • Received: 5th May, 2017
  • Final revision and acceptance: 10th June, 2017
Volume II, Law, Society & Organisations
Issue 2
Ludmila PROFIR
 

Financial performance is often difficult to achieve by economic entities, especially in the current economic context. Successful models of some companies constitute examples of good practice for aspirants. The profit and loss statement is part of the annual reports, is a synthesis accounting document that shows the result of the companies activity and thus measures the firm’s performance during a year. The purpose of this paper is to analyze the impact of the operating result on the financial performance through the net income. The target population of the study was the companies listed and traded on the Bucharest Stock Exchange during 2012-2016. The results of this study showed that the operating result has contributed significantly to the net income, and the companies listed and traded on the Bucharest Stock Exchange have successfully overcome the negative effects of the crisis and the recession.

  • Pages: 47-51
  • Published on: 1st July, 2017
  • Keywords: Financial information, Financial statement analysis, Net income analysis
  • Received: 25th May, 2017
  • Final revision and acceptance: 10th June, 2017
Volume II, Law, Society & Organisations
Issue 2
Gurgen KALASHYAN
 

According to IFRS 3 Business Combinations contingent considerations must be included in the total consideration given for the acquired entity along with cash, other assets, ordinary or preference equity instruments, options, warrants. The contingent consideration is the determined amount which acquiring entity has to pay to acquired entity provided, that certain conditions will be fulfilled in the future. In case the provisions are not satisfied, we will get the situation when the amount of contingent consideration has been included in the total consideration given in the business combination, but in fact, the acquirer has not paid that amount. In its turn, the acquired entity will recognize the contingent consideration as a financial asset according to IFRS 9 Financial Instruments. In that case, it would be appropriately to recognize the contingent consideration as a contingent asset applying IAS 37. In the Article the author will explore the challenges of contingent consideration accounting and suggest the ways of solving the above mentioned problems.

  • Pages: 53-56
  • Published on: 1st July, 2017
  • Keywords: Business combinations, Contingent consideration, IFRS 3
  • Received: 29th May, 2017
  • Final revision and acceptance: 18th June, 2017
Volume II, Law, Society & Organisations
Issue 3
Andreea Nicoleta PÎRVULESCU
 

Extradition is, without a doubt, an important component of international judicial cooperation in criminal matters. This is an act of international judicial assistance with a bilateral character, with a long existence in the practices of crime suppression that goes beyond the borders of a single state. As a legal nature, extradition is claimed by both criminal law and international law due to its international character. However, the most recent opinions assign an affililation of this institution to international criminal law, as a sub-branch, increasingly controversial of criminal law. Its international character makes it a topical issue in the international approach to co-operation in the field of crime prevention.

  • Pages: 67-72
  • Published on: 1st December, 2017
  • Keywords: Crime, Crime prevention, Security, Extradition, Legal order, Bilateral character
  • Received: 25th June, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Mariana MITRA-NIȚĂ
 

Incests are, unfortunately, an undeniable reality. This is, in addition to its immoral aspect, an offense with particularly serious consequences for the genotype of the human species and for the normal and natural evolution of man. Nowadays, incest is an offense, but in ancient times not only it did not constitute an illicit fact, but it was raised to the rank of state policy, being practiced in marriages between members of the same family, especially in the Egyptian royal courts. Later, however, human society has identified the unfavorable repercussions of these practices, forbidding them and blaming them under various forms and reactions, trying to prevent their realization by becoming aware of their harmfulness. The analysis of incest must be done from its farthest sources, reaching to this day. Moreover, incest carries an interdisciplinary approach, by reference to its nature.

  • Pages: 73-77
  • Published on: 1st December, 2017
  • Keywords: Incests, Immoral aspect, Offense, State policy, Interdisciplinary, Causality
  • Received: 14th July, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Cristina GHERGHEȘ
 

The individual was the subject of many discussions and doctrine. Thus, on the one hand, there are authors who recognize the individual as a subject of public international law, and on the other hand authors who refuse to recognize this quality. The problem that I tried to develop in this paper is whether the individual, as an individual, can be assigned or not a subject of international law, given that, according to some authors state is just a fiction, an instrument for promoting the collective interest and its acts are accomplished through individual and the rule of law can not be a smart address that you are able to understand and comply, as the individual. And in parallel, we view those authors who believe that while the individual does not have international legal personality, He benefits from a certain status in international law through the availability of states to work together and engage to promote human rights. But only as individual legal norm addressee and therefore does not involve the subject of international law. The individual should be simultaneously not only the recipient but also the creator of the norm, yet unrecognized role. But the individual cannot ignore, however, the benefit of a particular state through the state because he participates in the creation of international law.

  • Pages: 79-81
  • Published on: 1st December, 2017
  • Keywords: Individual person, A subjectof international law, Public international law
  • Received: 8th August, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Marius ANDREESCU, Andra PURAN, Claudia ANDREESCU
 

The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

  • Pages: 83-92
  • Published on: 1st December, 2017
  • Keywords: Equality as a constitutional principle, Philosophical and legal content of the principle of proportionality, Interference between the principles of equality and proportionality, Equitable balance, Principle of equality and tax obligations
  • Received: 15th August, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
H’oriya SOUIKI
 

A business cluster is the merging of two businesses or more, under the authority of one company called the parent company; the companies under its control are called the affiliates. What raises the debate about business clustering is the contradiction that may appear, at first glance, in the modus operandi of this business cluster and the relationship existing between its structures, knowing that the affiliated company has a legal independent status, but is at the same time subordinate to the parent company and subject to its control. The absence of an independent and detailed legal text to organize the mysteries of this giant economic structure makes this debate more intense.

  • Pages: 93-105
  • Published on: 1st December, 2017
  • Keywords: Merger, Parent company, Affiliate, Minority shareholders
  • Received: 5th September, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Csongor CSŐSZ
 

The dividend represents the second income of the shareholders (legal entities or natural persons) regarding the financial investments in shares besides the exchange difference of share. In this paper we analyzed the evolution of the dividend rate between 2012-2016 considering the 23 entities listed on BSE. The study contains an analysis of the dividend rate of the premium entities listed on Bucharest Stock Exchange (SNP, SIF2, TLV, COTE, SNN, FP, SIF5, SNG, IMP, SIF4, TGN, BRD, SIF3, SIF1, BRK, M, ATB, EL, BVB, TEL, BIO, PBK, ELMA) in relation with the net profit and dividend tax between 2012 – 2016.

  • Pages: 107-112
  • Published on: 1st December, 2017
  • Keywords: Dividend rate, Dividend tax, Net profit, Bucharest Stock Exchange, Premium entities
  • Received: 18th September, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Daniel Petru VARTEIU
 

The economical operations developed by the beneficiaries of European funds projects, are registered in accounting, based on justifying documents, in accordance with the national and international legislation in effect. The beneficiaries of European funds projects may be organized starting from the simplest form of organisation, which takes the form of self – employed person (SEP) till the most complex form of organisation such as trading companies (T.C.). The Romanian institutions which finance agricultural activities are Ministry of Agriculture and Rural Development (M.A.R.D) which subordinates Rural Investment Finance Agency (R.I.F.A) and Payment and Intervention Agency in Agriculture (P.I.A.A). The Ministry of Agriculture and Rural Development has an authority role, of management (AM) for the National Rural Development Program (N.R.D.P) and for the Fisheries Operational Program (F.O.P). The funds obtained from the European Union and from Romanian institutions for the development of agricultural activities are registered in accounting as grants, in the category of grants afferent to assets or afferent to incomes.

  • Pages: 113-117
  • Published on: 1st December, 2017
  • Keywords: Accounting, Agricultural activities, European funds, Projects beneficiaries
  • Received: 29th September, 2017
  • Final revision and acceptance: 27th November, 2017
Volume II, Law, Society & Organisations
Issue 3
Viorel POP
 

Oil is the most important resource for global energy production, far exceeding the role of coal and natural gas, the role of river energy and wind energy, and also the role of nuclear fuel. All highly industrialized countries are making great efforts to ensure the energy needs of the functioning of economies under the conditions of fierce global competition. None of the world's first 10-12 economies can give up on oil imports, and the exporting countries benefit from large financial resources from oil. Saudi Arabia, Qatar, United Arab Emirates, Venezuela, Russia and other oil-rich countries secure themselves significant foreign revenue for their economic development, defense and overall well-being.

  • Pages: 119-126
  • Published on: 22 November, 2017
  • Keywords: Petroleum, Energy, Economy, Competitiveness, Trade balance
  • Received: 7th Octomber, 2017
  • Final revision and acceptance: 18th November, 2017