Archive

 

Number 2

Year 2024

SHOULD THE RICH PAY MORE - EVEN IN SOCIALISM OR RATHER ONLY IN SOCIALISM?

Author: Proffessor PhD PKinga PÉTERVÁRI

Eötvös Loránd University

Abstract: Mediation and all methods of Alternative Dispute Resolution (ADR) are more and more in the focus of the European Union. Since the mediation directive from 2008 the EU tries to promote and harmonise ADR not just in cross-border disputes but also strengthen it in all member states. Especially in disputes in business law, mediation is the method of choice to solve conflicts. With the directive on consumer alternative dispute resolution (ADR) and the regulation on consumer online dispute resolution (ODR), the EU underlines this target. On 17 October 2023, the European Commission issued a package of documents to revise the system of alternative and online dispute resolution. The package contains two legislative proposals that amend the ADR directive and repeal the ODR regulation. The objectives of the revision are to make the ADR framework fit to the digital markets by covering all categories of disputes concerning EU consumer rights. At the same time, the role of the European Consumer Centre’s in helping consumers in cross-border disputes should be strengthened. As an example of the support for mediation on EU level, the new Mediations Centre of the EUIPO will be highlighted at the end of the article. As a result, it can be stated that the EU is creating a space for mediation at all levels, which should be used especially in business mediation.

Keywords: Mediation, Alternative Dispute Resolution (ADR), Business Mediation, Arbitration, European Union, Intellectual property, EUIPO, Mediation Centre, WIPO.

The role of the OECD Commentary in the practice of the Bulgarian National Revenue Agency

Author:Assistant Professor Stoycho DULEVSKI

University of National and World Economy

DOI: 10.24818/EBLJ/2024/3/1.06

Abstract:

In a world that is in constant movement and development, both economically and socially, a world that has less and less time to waste with lengthy and formalistic procedures, it has become more than imperative to move to digitised procedures and to conclude as many contracts as possible at a distance. the main advantage of these procedures is that they can be concluded through a faster and less formalistic process, from the comfort of your own office or home. 

The present article aims to analyse the national and European rules governing the legal institution of concluding contracts at a distance in relation to the banking field and its specific regulations. In addition, it aims to show how distance contracts can be concluded more easily, what types of signatures can be used to conclude these contracts, and their legal force in the courts.

This study is supplemented by an analysis of the national case law on the subject of banking contracts concluded at a distance and how they have or have not been enforced. 

Keywords: contract, Civil Code, electronic signatures, consumer rights, contracts with professionals, Loan Agreements concluded at a distance

FOREIGN SUBSIDIES AND THE EUROPEAN UNION INTERNAL MARKET: REGULATORY CHALLENGES AND OPPORTUNITIES

Author: Associate Professor PhD Ioan LAZĂR

Faculty of Law & Social Sciences, 1 Decembrie University, Alba Iulia

Lecturer PhD. Laura LAZĂR

Faculty of Law, Babes Bolyai University

DOI: 10.24818/EBLJ/2024/3/1.03

Abstract: The paper puts face to face the blockchain technology and the services attached to it in the field of Decentralised Finance (DeFI) as it tries to answer to questions related to the efficiency of its use and the means to regulate this type of new financial services. At the same time, it proposes a series of technical and legislative solutions in order to mitigate the risks for businesses and consumers and to prevent any systemic dangers for the financial and banking system.

Keywords: blockchain, Decentralised Finance (DeFI), Centralised Finance (CeFI), RegTech, MiCAR, CBDCs, CASP.

Advancing Digital Transformation in European Trade: Integrating Smart Contracts with CISG and UNCITRAL Model Law on Automated Contracting

Author: Attorney at Law, PhD. Larisa Antonia CAPISIZU

Visiting Professor, Faculty of Law, Bucharest University of Economic Studies

DOI: 10.24818/EBLJ/2024/2.06

Abstract:

A smart contract is an agreement written wholly or partially in computer code which is automatically executed on a blockchain or a distributed ledger technology (DLT). The legal nature of smart contracts has been largely debated in legal literature. This paper analyses the validity and formation of smart contracts thought the lens of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and UNCITRAL Model Law on Automated Contracting, providing insights into their alignment with international legal principles. The paper concludes that a smart contract used as an international sales contract can be deemed valid under the CISG. Specifically, such a contract can satisfy the formation requirements set forth by the Convention, as it demonstrates a clear indication of the parties’ intent and fulfills the essential elements of offer, acceptance, and sufficient definite indication of the goods, price, and quantity. Moreover, UNCITRAL Model Law on Automated Contracting hasput an end to the controversy regarding the legal validity of smart contracts.  

 

Keywords: smart contracts, CISG, MLAC, UNCITRAL, Model Law, automated contracting

A Critical Analysis of the Evolution of Datio in Solutum Law in the Context of the National Housing Strategy 2022-2050

Author: PhD candidate Mihnea-Tudor D. ORJAN

Bucharest University of Economic Studies

PhD Adelina Elena STAN

National University of Science and Technology Politehnica Bucharest

DOI: 10.24818/EBLJ/2024/3/1.05

Abstract: This article critically examines Datio in Solutum Law (Law no. 77/2016) in its current form, especially in light of the National Housing Strategy 2022-2050. Initially enacted to address debtor-creditor relationships in Romania, the law’s evolution has sparked significant debate in the legal, economic, and social spheres. The article traces the amendments made by Law no. 52/2020, which introduced the “condition of hardship”, altering the application and perception of the law. By contextualising the law within the broader national housing policy, the study highlights the ongoing challenges in securing decent housing for the Romanian population, emphasising the persistent necessity of long-term borrowing for home acquisition. It critiques the state’s reliance on free market mechanisms for housing solutions, questioning whether this approach aligns with the constitutional ideal of a social state or perpetuates a form of economic bondage. The article concludes that while Law no. 77/2016 now aligns better with national housing strategies and with the vision expressed by Romanian banks, its effectiveness and ethical implications warrant continuous scrutiny.

Keywords: private real estate property, real estate market, mortgage loans, giving in payment, Datio in Solutum, Law no. 77/2016, National Housing Strategy 2022-2050.

Carrier Liability in International Road Transport According to CMR

Author: Associate PhD Elena-Cristina SAVU

Faculty of Law, Transilvania University of Brasov

DOI: 10.24818/EBLJ/2024/3/1.07

Abstract: The CMR provides a predictable system of liability for carriers and insurance to both carriers and their clients about the risks involved in the shipment of goods. CMR Convention establishes a strict liability regime for the carrier, meaning that the carrier is generally liable for any loss, damage or delay of the goods from the time they take the goods into custody until delivery. According to CMR provisions, this liability is limited to a fixed amount per kilogram of gross weight lost or damaged. Even if there is a limited amount, the loss, damage or the delay of the goods can lead to substantial claims. CMR insurance mitigate the financial risks associated with this liability, playing thus a crucial role in international road transport.

Keywords:  liability, CMR insurance, carrier, international road transport

Statelessness. From Definition to Manifestation

Author: Lecturer PhD Andrei TINU

Faculty of Law, “Titu Maiorescu” University

DOI: 10.24818/EBLJ/2024/3/1.07

Abstract:

Statelessness is a special legal situation, manifested by the lack of a direct relationship between the citizen and the state. A stateless person is a person who, for various reasons, is not a national of any of the 195 states recognised by the United Nations. Since the adoption in 1954 of the Convention on Statelessness and up to the present day, when there are some twelve million stateless people in the world, international bodies have established several legal measures and mechanisms to support stateless persons. In this article, the author aims to make a summary of the international documents on statelessness and a qualitative analysis of the way in which the international provisions have been inserted into the Romanian legislation. 

Keywords: citizenship, statelessness, legislation, human rights.

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