The Covid-19 pandemic has been affecting for more than a year all countries’ economies, by generating an overall sanitary crisis. In order to prevent the spreading of the Covid-19 virus, countries ...across the world have limited or even forbidden temporarily several economic activities, which has led to a financial blockage in some industries, especially in the touristic industry. In response to the devastating economic effects, the Romanian Government has adopted several measures and fiscal mechanisms for companies, aiming at preventing their insolvency and therefore revitalizing the national economy.
One cannot understand an institution today without researching its entire historical thread, how it evolved until it became what it is through the vicissitudes of the past. On this, our law has very ...deep and distant roots, partly directly in the custom of the land and in the written laws we had, partly through the influence of the laws of the Occident, and especially the French ones, with Roman law. We cannot easily realize how much we live without knowing by tradition based on the past; the scientist's job is to dig up these past influences and bring them to light in order to understand today's institutions". Following the path shown by Professor Mircea Djuvara, in this study I propose to "dig" in order to highlight the boundless influence of Roman law in the field of contracts. Because it is this influence that explains a unique phenomenon in history, namely the fact that this legal system did not die with the people who created it, but survived for millennia, imposing itself on foreign peoples and vigorously shaping their legal spirit. Therefore, if we want to understand the physiognomy of today's contract, we must dig for its origins, and they will be found in Roman law, where the contract was originally a convention that produced legal effects only if he wore the heavy coat of formalities required at the moment of its conclusion. The essential element of the contract was therefore not the agreement of will, but the formal elements required for its preparation.
The study explores the main provisions included in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy ...Community regarding the Court of Justice of the European Union's Jurisdiction after Brexit, with emphasis on the preliminary ruling procedure. The scope of the analysis is to determine the nature and the limits of CJEU's jurisdiction to decide matters of EU law involving the United Kingdom and the effects of such decisions, pronounced after the end of the transition period.
In this paper an enquiry is instituted into the idea of (positive) law in connection with which notice is taken of the nature, character, function and effect of law as well as of rights as the ...product of the law and not without reason. If we say that the positive law is the product of the supreme power of states as the main form of life of men, then the said power may not be restrained by the law, nothing may determine their actions and these actions should not be made strictly in accordance with any rules of law laid down by such states, but states are free to decide how to act. Such a freedom is natural and absolute. It is a fundamental right of all sovereign states, which may neither be waived nor abridged. However, this power is exercisable within strict territorial boundaries. Within these boundaries such states are free to decide which conduct of their subjects is compatible or incompatible with the rule of law. Incompatibility is excluded when nothing precludes distinct subjects of law from using their rights, provided that this use does not come in conflict with the rights and interests of other subjects of law. However, beyond these boundaries, this supreme power of states is restrained by the supreme power of other states and may never be exercised without their free, clear and unequivocal consent to this end affecting the force and effect of their international obligations. The world comprises a great number of states entering into different types of relations. These relations require that to ensure predictable cooperation and communication among them, they should act in accordance with the rules made by them specifically to attain the aim to ensure growth and development of the states, which take place in their contact and interaction with one another. But the question is what we may say of states as modern subjects of international relations governed by the international law? It is also important to know whether this law may ever be found useless in respect of questions arising between the states? Amid the manifold discussion concerning the status, relations and machinery in the realm of international law, the one that we propose in the present paper should not be treated as vain. As a result of the present research the reader will know what the perfect status of sovereign states as subjects of international law is, how to distinguish perfect relations from the imperfect ones in this realm and how the perfect machinery of the international law should operate. This knowledge should be put to work in building harmonious international relations among the states and the whole international community. In this paper we tried to gather and summarize many facts to illustrate as briefly as possible the truth or the way to this truth in this realm. This should save the space and time of all those interested in the study of different phenomena of international law as well as of the manner of operation of wellrecognized rules and principles laid down in appropriate international treaties. Because the whole thing appears to be a kind of efficiency of international law, efficiency of international relations and efficiency of states as the main form of life of all men.
Although tax evasion has been incriminated as a crime in Romania for almost 100 years, in the doctrine and judicial practice there are still presented contradictory points of view regarding the ...requirement result as constituent element of crime. The present study aims to carry out an in-depth analysis that provides an answer to the question of whether the crime of tax evasion require a material result or only a state of danger. The study is divided into three sections, starts with an overview of the concept of tax evasion, of the line between lawful and illegal evasion and the history of legislation regarding tax evasion. The next section presents various concepts and theories about the material result or the state of danger as constituent elements of crime, presented in national and international doctrine. The section continues with a presentation of the consequences of the classification of offenses, by reference to the result they produce. In the last part of the study is presented an analysis of all variants of tax evasion, based on the theories and concepts set out in previous sections, which concludes that the tax fraud, apparently a crime that require a material result, is in fact a crime that require only a state of danger.
Within the European Union, the institutions have recently started to refer to concepts such as food security or the right to food, concepts which we have formerly not seen in documents of similar ...level related to land governance in the European Union. The significance of this phenomenon goes way beyond land law, with its origin in the FAO-inspired “Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT)” of the Committee on World Food Security (CFS) of 12 May 2012. Since several issues arise as to implementation on the ground this policy initiative, the following study searches for answers as to the relationship between the newly promulgated theoretical concepts and their appearance in the Hungarian national law and legal practice. This study examines how the concepts of food sovereignty and food security are transposed/interpreted in the Hungarian national law (both legislation and implementation), and the extent to which the right to food finds effect in the legal system of Hungary. The study also focuses on the implementation of certain dispositions of the VGGT in the Hungarian national law.
The concession, viewed in terms of civil law rules, is a real right corresponding to public property, this legal qualification being conferred by the provisions of article 866 of the civil Code. From ...the point of view of the administrative law, the concession is seen as a way to capitalize on the assets that make up public and private domain. The object of this contract is represented by public or private properties belonging to public or private domain of the state or of administrative-territorial units, these properties following to be registered in the land book before concluding the concession contract of public properties, under the sanction of absolute nullity of the contract, according to the provisions of article 305, paragraph 2 and paragraph 3, of the administrative Code. Three fundamental stages can be distinguished in the development of the concession procedure: - the initial stage, of preparing the documentation necessary to start the tender procedure, characterized by the initiation of the concession proposal and the elaboration of the specifications that include the criteria for awarding the concession contract; - the procedure for conducting the auction, in which the bids of natural or legal persons of private law are submitted and assessed, a stage completed by the statement of the winning bid; - the stage of concluding the concession contract, the regulatory part containing the elements determined in the specifications. Concession of services and works is defined as an agreement by which a public person entrusts the provision of a public service to a private company, which ensures the financing of works, their operation and which is remunerated from royalties collected from statutory undertakers. Concession of mining activities it is a special form of concession, which consists in concluding an agreement called a license, this representing the legal deed by which concession of mining exploration / exploitation activities is granted. The legal nature of concession of forest lands, the public property of the state is that of the species of the service concession contract.
Since June 2017, the Hungarian regulation on the registration of NGOs has become one of the instruments of the “rule of law duel” between the European Commission and Hungary. In July 2017, the ...Commission opened infringement proceedings against Hungary under Article 63 TFEU and articles 7, 8, and 12 of the Charter of Fundamental Rights. Moreover, in its 2020 Rule of Law Report, the Commission expressed serious criticisms about constructive engagement with civil society organizations in Hungary.The new Civil Code harmonized the general rules on the operation, management, and supervision of civil society organizations with the provisions applicable to companies.1 In recent years, several (mostly critical) comments have been made in the legal literature on the promotion of dispositive regulation. Based on the above, the aim of the present study is to explore the existing legislation on the registration of NGOs, in the framework of which the legal status of NGOs will be clarified, and the related regulations of recent years – namely, Act CLXXXI of 2011 on the court registration of NGOs and the related procedural rules and Act CLXXV of 2011 on thefreedom of association, non-profit status, and the operation and support of civil organizations – will be analysed.
