Suchergebnisse

The fragmentation of the Montenegrin society is significant, in terms of identities, ethnic groups and political values as well. However, the subsidized nature of the alternative of joining the EU is significant and almost unified, which can not be stated in the case of the NATO membership at all. The above mentioned fragmentation goes also with strong political division but the internal conflicts of the past 20 years have not led to violent occurrences, civil war, which can be considered a remarkable phenomenon among the Western-Balkan relations. The country is characterized by organized crime, nepotism, the presence of clan-like phenomena, corruption and the underdevelopment of democratic culture. Among the tasks of Montenegro regarding its accession to the EU, besides strengthening the jurisdiction, reducing the political nature of the administration, the fight againstorganized crime and in this context the elimination of the extensive corruption are prominently included.

The study deals with employee participation in corporate and plant management, showing the historical course of the formation and development from the early twentieth century to the end of World War II. Following World War II, the European Coal and Steel Community (ECSC) developed a system of 50-50% ownership and employee representation in both areas, which in the early 1970s was transformed into two-thirds ownership and one-third employee representation. Next, the study presents the structural nature of the current participatory institutional system, the electoral system, and the licensing system in a comparative manner.

The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent's liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authority, with special regard to the protection of the interests of the parties involved.

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.

The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety's estate.

The corporate governance as a regulatory system has started a journey towards independence for a while, and sooner or later it will turn into a self-standing field of science. This process is facilitated not only by its transdisciplinary nature, which combines legal science with economic science, within the civil law, the corporate law, business economics, management and organizational science, but also, in the case of state-owned companies, with public administration and proceedings law. The timeliness of the topic is illustrated by the prolonged transition to market economy following the 1989 regime change, the controversial application of company law, the scandals around certain privatization processes, the bankruptcy of many important state-owned enterprises, all of these bringing about a willingness to establish a regulatory framework. Taking into consideration the above short presentation, the subject of our analysis is very complex; this article intends to limit the examination to the Bucharest Stock Exchange Corporate Governance Code, investigating it in comparison to the provisions of the Romanian legal system. At the same time, it sets as an objective to make use of a concrete example (the most important Romanian state-owned joint stock company listed at the Bucharest Stock Exchange), Romgaz, in order to present the reader the ways and circumstances of the implementation of the general principles and provisions to comply with , as included in the Code.

The aim of this paper is to provide a detailed overview of the domestic policy changes affecting privately owned businesses in Hungary during the reign of the 2nd and 3rd Orbán governments. After careful selection and omission of the less important measures, 36 examples are discussed. Their common characteristics are their discriminatory nature, meaning that they supported some firms and/or state-owned entities, while other businesses - chiefly the ones owned by foreign investors - were negatively affected. These new laws, regulations, by-laws or daily practices were openly in conflict with the letters and the spirit of the acquis communautaire - the guiding principles of the European Union. The Hungarian authorities played on time. Their assumption was - and this assumption did prove to be correct in practice - that it would take years until the EU machinery would reach a verdict and instruct Hungary, as a member-state to repel the given legislation. An important finding of the paper is that in 16 cases out of the 36 cases presented, the previous Hungarian governments also relied on such discriminatory solutions, but these cases were not so costly for the targeted private businesses and were not implemented with such a brutal force. As it is well-known, parallel to the policy measures discussed in the paper, the 2nd and 3rd Orbán-governments proceeded with a broad renationalization policy as well. These events were discussed at great length in Mihályi (2015a).