Author: Lecturer PhD Ionuţ CIUTACU

Bucharest Academy of Economic Studies

Faculty of Law

 DOI: 10.24818/EBLJ/2022/1/1.02

Abstract: Towards the end of the Republic, the Roman state experienced an unprecedented development. The Roman business environment needed flexible legal documents, able to keep up with the fast pace imposed by commercial documents. The legal acts of the old Roman Law did not correspond to the requirements of the exchange economy, as they were cumbersome and formal. The Romans were conservative and did not easily accept deviation from the rigors of the old Roman Private Law. For this reason, they created a new procedural system, the formal procedure, with the help of which they managed to update the norms of Roman Law. One of the most interesting legal procedures specific to this system was the action with the formula with transposition, because in this way the lawyers contributed to the development of Roman business law.

Keywords: praetorian actions, intentio, condemnatio, formula rutiliana, adiecticiae qualitatis

Author: PhD. Valentin-Stelian BĂDESCU

Associate scientific researcher of the Institute of Legal Research of the Romanian Academy

 DOI: 10.24818/EBLJ/2022/1/1.03

Abstract: Our approach to scientific research is intended to be a novelty in terms of Romanian legal doctrine, by addressing a topical issue – the contingency of artificial intelligence with law and justice, associating the two seemingly irreconcilable elements: on the one hand, artificial intelligence – this tool universal, in full ascent, which is portrayed by IT specialists as the solution to all social problems and tasks, a kind of Philosopher’s Stone of the future – and right next to the judiciary, on the other hand – two ancient “bastions” that are left hardly conquered by futurists armed with algorithms and computers. The study addresses some issues related to the value of artificial intelligence in its connections with justice and law through a three-pronged approach: artificial intelligence as a possible subject of law, as a tool for achieving justice, but also as a possible criminal means. As for the extremely technical information, we will use a simple and comprehensive way, so that even uninitiated readers of IT secrets can understand what Artificial Intelligence (AI) is and how it works.

Keywords: law, computer justice, electronic file, legal dementia, noise, bias, legal dementia 

Author: Phd. Delia MAGHERESCU
Lawyer, Gorj Bar Association

DOI: 10.24818/EBLJ/2022/1/1.04

Abstract: The current situation of criminality and its involvement in several economic fields reveal that a new generation of criminal activities has been developed. They are particularly viewed during the last decades in the field of business, some of them being committed in accounting, banking and financial areas. The interest for these areas is as big as the perpetrators have made substantive efforts in order to harmonize their modus operandi to the updated means of committing crimes in the field of business. The paper aims at analysing the forms of criminal activities as well as their involvement in the field of business, both from theoretical and practical point of view. The jurisprudence in criminal matters has been analysed and discussed from the perspective of the judicial bodiesʼ ability to discover any form of economic crimes as well as to gather evidence in purpose to decide beyond any reasonable doubt on the crimes committed and the defendantsʼ guilt. The results obtained during the research activity conducted on this topic emphasize that a new trend of criminality in the field of business exists. It should be taken into account by the judicial bodies in purpose to combat and prevent as much as possible the forms of the criminal involvement in the field of business

Keywords: criminality of business; criminological approach; transnational criminality; prevention measures; combating criminality

Author: PhD. Viorel BĂNULESCU, 

Bucharest University of Economic Studies

 DOI: 10.24818/EBLJ/2022/1/1.05

Abstract: This article addresses the issue of the expert report on companies, dealing with the procedure for appointing experts (Section 1), the independence of the appointed expert (Section 2), the proposed sanction that should apply to management bodies that impede the smooth running of experts (Section 3), the content and functions of the expert report (Sections 4 and 5), aspects of comparative law (Section 6) and the conclusions, which contain proposals de lege ferenda.

Keywords: merger project, evaluation report, administrators, merger expert, evaluation methods, merger commissioner, associates. 

Author: Phd. Candidate Adrian COROBANĂ

Faculty of Law, Bucharest University of Economic Studies

Lawyer, Bucharest Bar

DOI: 10.24818/EBLJ/2022/1/1.06

Abstract: Like any other major legal institutions in international law, international sanctions were created to face the challenges of the analogue world, not those of the digital world. Today, when international sanctions are in the foreground, due to the war of aggression in Ukraine, it is necessary to investigate to what extent financial sanctions (as a type of international sanctions) are also applied to cryptoassets and cryptocurrencies. These two blockchain based assets and currencies represent a way to evade the financial sanctions regime imposed by United Nations, European Union, United States of America, United Kingdom and any other states or entities? Providing examples from the recent practice of the states, through the case study method, and studying the legal doctrine in the field, the article analyses the effects that the absence of an international regulation of cryptocurrencies can have on the efficiency and effectiveness of financial sanctions regimes and tries to find some solutions possible.

Keywords: international financial sanctions, targeted sanctions, smart sanctions, cryptocurrencies, cryptoassets

Author: Phd. Candidate Loredana COSTINA

Faculty of Law, Bucharest University of Economic Studies

Lawyer, Bucharest Bar

DOI: 10.24818/EBLJ/2022/1/1.07

Abstract: The second Payment Services Directive [Payment Services Directive (Directive 2015/2366/EU of the European Parliament and of the Council of the 23rd of December 2015, hereinafter ‘PSD2’] provided new rules for the market for payment services, including rules that allow new payment service providers to obtain access to payment accounts of data subjects for the purposes of providing the said services. The PSD2 rules regarding the payment services providers were transposed in the Romanian national law in 2019 by means of Law no. 209/2019 on the payment services (hereinafter ‘Law no. 209/2019’), and National Bank of Romania Regulation no. 4/2019 regarding payment institutions and specialized suppliers in account information services (hereinafter ‘Regulation no. 4/2019’). Regarding data protection, in accordance with Article 94 para. (1) of the PSD2 and art.  217 of Law no. 209/2019, any processing of personal data, including the provision of information about the processing shall be carried out in accordance with the GDPR and with Regulation (EU) No. 2018/1725. However, in addition to that, both PSD2 and Law no. 209/2019 provide for certain specific rules regarding consent, security, sensitive payment data, and silent party data, among others. Therefore, the paper will analyse the interplay and overlap in the regulatory regimes regarding the legal basis for processing data, the conditions for explicit consent, the processing of silent party data, the processing of special categories of data and sensitive payment data, and the way the payment service providers shall ensure data minimization, security, and transparency.

Keywords: PSD2, GDPR, Law no. 209/2019, Regulation no. 4/2019, Data protection, The process of personal data in the market for payment services