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Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The offences regulated by Law no 31/1990 regarding companies is a field which is relatively less explored by criminal law experts and quasi unexplored by civil law experts. This article addresses the offences grouped under Article 275 of previously mentioned law. These offences have several specific elements. Firstly, the active subject of the regulation can only be a person who holds a certain position in the company. Secondly, in the case of some of the offences, the premise of the criminal law regulation is another, corporate law, regulation, which the prior refers to. Because of this situation and because the premises of the other offences regulated by Article 275 are corporate law regulations, it is mainly the duty of the civil law expert to decipher its meaning, as a rigid application of a purely criminal vision in a field of private law can lead to erroneous conclusions, with serious consequences against the subjects of the offence. However, in order to cover all aspects of the interpretation, the criminal aspects have to be addressed with the same care – this is where the role of the criminal law expert unfolds, for the reader – be it a criminal or a civil law professional – to be able to construct a correct idea about a field which is, as previously mentioned, too little explored. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article generally and succinctly analyses the main themes of the corporate governance and corporate social responsibility. In the first part, after a review of a company's bodies and an explanation of the role of each of them, we define corporate governance, as an assembly of the relationships between the bodies of a company. Enforcement of the corporate governance rules can be made through hard law or by soft law ("comply-or-explain" principle), the last being preferred. In the second part we explain the term of corporate social responsibility, that is need for economic development of the company together with the improvement of the life quality of the employees, their family, as well the local community and the society, as a whole. In the end, we set the foundation of the concept, that are responsibility, liability, sustainability and social contact. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article deals with the original issue in all its aspects, with the pluses and (especially) minuses, that results in a small number of such procedures, after 1990, by comparison with the period before 1947. The tendency of forgeting the establishment of a company through original issue is not obly the consequence of the Law no. 31/1990 that is incomplete and outdated, but of an international trend, especially as a result of the superior advantages of the public offering made after the registration of the company. [ABSTRACT FROM AUTHOR]

This article is about the three elements on the merits of a company's Articles of Association: the existance of an independent organization, an assemble of assets and debts and an individual purpose, as well as about the effects of the legal personality, apart of the members' one. Comparative law rounds up the details of the presentation. By registering and obtaining the status of legal person, a company acquires a corporate name, a legal seat, ownership of property, as well as the capacity of subject of law. In this capacity, the company has (corporate) rights and obligations and may be subject to liabilities, may conclude legal acts through its representatives, and may also participate as a party in civil or criminal trials. The capacity of subject of law entails the possibility of acting according to the company's objects and corporate powers of its organs. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)