Romanian Regulation Research Articles

Vom starren Zentralismus zu Autonomie und Dezentralisierung nach europäischem Muster: kommunale Selbstverwaltung und lokale Finanzhoheit in Rumänien

The following article deals with local self-government in Romania and, in this context, focuses on questions of financial autonomy of local communities in Romania. A brief historical overview and a discussion of the legal concepts of local administrative autonomy and decentralization provide an in-depth look at aspects of financial law and an outlook on the field of financial autonomy. Budget planning and management, the components of local budgets and the problem of local public debt are discussed. The article is intended as an outline of the current legal situation in this area, which is primarily intended to familiarize a foreign readership with the Romanian regulation of the autonomy of local self-governments and their financial sovereignty.

O nouă reglementare - Statutul lucrătorului cultural profesionist

The paper presents a new regulation issued in Romania, in April 2023, regarding the Status of the professional cultural worker, following the E.U. and UNESCO recommendations on the matter of the precarity of artists and cultural workers activity; although not all the UNESCO recommendations are observed by the Romanian regulation, it represents a first step in supporting the independent cultural sector, namely professionals outside the „employee” legal framework, based on a regular „work contract”, offering tax reductions, right of fee negotiations and recognition of work experience. The paper also analyses the international recommendations in force, current national regulations on the status of the artist and the cultural worker, as well as data from recent research on the subject. A special section of the article refers to the present situation of specific occupations in the field of cultural heritage in Romania, indicating the potentially low impact of the new regulation in this particular sector, due to the current national institutional and legal context that favours the regular „work contract”.

A kollektív munkaszerződés szabályozásának problémái Romániában

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."

A megbízási szerződés szabályozásának történeti vázlata Romániában

The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

Perspectives comparatives sur l'accord de préference et sur l'action interrogative en droit civil français et roumain

This article tries to dismantle the intricacies related to the notable conceptual differences between the mechanism consecrated by the French legislator in the field of the agreements generating the right of first refusal and the conception of the Romanian legislator, as well as the recent insertion under the French Contracts Law of the new category of interrogative actions at the introduction of which the potential buyer would be entitled against the beneficiary of the right of first refusal. As it will be underlined, under the French regulation, the agreement on the right of first refusal represents a type of pre-contractual arrangements implying a right to buy before or ahead of another; thus, the contract gives the prospective purchaser the right to buy upon specified terms, should the seller decide to sell. As it will be scrutinised in the following sections, although this right resembles an option, there are at least two legal grounds on which the two types of contracts clearly may be distinguished. First, unlike an option agreement, the right of first refusal does not give the pre-emption beneficiary the power to compel an unwilling owner to sell. In contrast, secondly, an option agreement requires, both under the French and the Romanian law, a stipulated time to accept the offer before its caducity interferes. Despite the apparent differences between these two types of contracts, practitioners have had difficulty in drawing the distinction. This article will further explore that distinction in the context of the sale of immovable property, in the context of the introduction of the category of interrogational actions under the French law. First, the inapplicability of the rules pertaining to options to a right of first refusal will be analysed, underlying that the Romanian regulation on the right of first refusal is centred on the mechanism of a suspending conditional provision marking the contractual effects, either implied or expressed in contracts of sale concluded in the pendente conditionae period. Second, some characteristics of the right of first refusal will be considered under the French and the Romanian regulation. Finally, in a comparative key, the legal classifying of the remedies for the violation of the right of first refusal will be examined.

A magyar bizalmi vagyonkezelés egyes külföldi országok szabályozásainak tükrében

At the end of the 20th century, several Eastern European countries showed strong interest in the Anglo–Saxon institution of the trust. The main reason for this is attributable to the advantages of the trust offered for the economy. Legislators in some Eastern European countries tried to cope with problems relating to the adoption of a trust-like legal institution. As the result of their efforts, the civil code of Russia (1995/96), Lithuania (1996/2000), Georgia (2002), Romania (2011), the Czech Republic (2012) and Hungary contains regulations that resemble the trust. These laws vary significantly because the Georgian model remains on a contractual level along with the Russian law. In Lithuania it is possible to establish a so-called right of trust, which is an independent item in rem right. The Romanian regulation is very similar to the French fiducie, while the Czech trust law was worked out on the basis of the Quebec model. The Hungarian regulation was drawn up on the basis of the model of the trust in English law and that of the Treuhand in German law.

Certain Issues Concerning the Romanian Regulation of the Good Faith Principle in Civil and Civil Procedural Matters

Abstract One way for individuals and legal entities to pursue legitimate rights and/or interests is the judicial path. The civil proceedings as a form of settling civil litigations is governed by different principles. Among these stands out the principle of good faith, which involved the exercise in good faith of rights in both civil and procedural matters, the exercise in good faith of procedural rights, a principle which has gained new meanings after the entry into force of the new Code of Civil Procedure, as well as the new Civil Code.

Which is the Pulse of Romanian Corporate Governance? – An Empirical Study

This paper aims to emphasize the state of corporate governance in Romanian regulatory framework and the quality of corporate governance culture in Romanian organizations. The authors performed an analysis of the manner in which the OECD principles and other governance settlements are respected in some of the top Romanian banks. The research emphasized some gaps in the Romanian regulation and the need to improve corporate governance implementations. The authors’ contribution consists in highlighting those regulatory requirements that should be improved in order to increase the effectiveness of corporate governance in Romanian financial institutions.

Liability for Damage Caused by Dangerous Situations and Activities to the Environment

Our study focusses on the relationship that exists among the fundamental institutions of the civil law – the delictual responsibility – that reprezents a problem for the judicial practice. We especially insist on the general responsability regarding the prejudices caused by things, except for special situations regarding the dangerous things and activities. The discussed aspects are debated according to the latest Romanian regulation in this field of activity, doctrine debates and solutions of the judicial practice. We shall highlight the way in which the new Civil Code and its developer regulations put their mark upon the adopted solutions after its entry into force. Likewise we will highlight the Romanian legislator efforts to allign the Romanian legislation from this field, to the Communitary Law rules by transposing certain directives which bring more clarity and light upon: the concept of damage caused to the environment (environmental damage); the topics of the report about legal liability in this case; preventive actions and measures but also remedial, the competences of public authories; basis for liability, the legal nature of this liability.

Application of pollution indexes, cluster analysis and isocontent chart to the study of soil pollution

Statistical methods were applied to the assessment of the multi-elements pollution degree of the soil with heavy metals and arsenic (microelements) in Baia Mare area, NW Romania. The content of several microelements were analyzed in soil samples from four zones in the studied area. Pollution indices were used to define the pollution degree compared to the Romanian regulation. Cluster analysis was used to classify the analyzed microelements (Cu, Zn, Pb, Cd, As, Co, Ni, Cr, Sn, Sb). Based on iso-contents maps for Pb and As, their contents in soil in whole Baia Mare area are assessed. The sampling point coordinates (latitude and longitude) were registered with a GPS (Global Positioning System) instrument. Considering the coordinates of each sampling point and the corresponding concentration of the considered microelement in the sampling point, a matrix XYZ was obtained where X was the longitude; Y was the latitude and Z the concentration of the microelements. A continuous surface was generated beginning with each sampling point. The spatial distribution charts drawn for the most hazardous microelements Pb and As indicated some area high polluted around the pollution source (a lead smelter).