INTERNATIONAL CONFERENCE - Facultatea de Drept

More documents

Recommendations

Info

Conference Proceedings - Galaţi, 24 th -25 th of April 2009 Year I, Vol. I - 2009 play an active creative act when interpreting and applying the legal provisions in force. For sure, the reasoning was as follows: as long as the individual employmentcontract is no longer in force, and the way in which itterminated has not been directly disputed (by only incidentally), there is no interest in cancelling the alteration of the job content. In order to avoid under similar cases such a consequence, an expressed text should be adopted stipulating that dismissal will not be deemed as such when it did not occur as a consequence of the employee’s will, but when it was determined by the employer’s abussive conduct. 23
Conference Proceedings - Galaţi, 24 th -25 th of April 2009 Year I, Vol. I - 2009 Răducan OPREA Ramona Mihaela OPREA ADMINISTRATION OF ECONOMIC INTEREST GROUPS Abstract Just like in case of the commercial companies, the managers of E.I.G. represent the executive body of the general management of the members of the economic interest group. The E.I.G. managers may be members who represent and manage the group, natural or moral persons administrators. The powers and attributions of the managers are established by the general assembly of the members of the group who also establish the way in which the E.I.G. management will be carried out, together or separately, as well as the conditions for revocation. In brief, one may conclude that the E.I.G. managers carry out the social will of the members of the group, according to its economic interest. I. E.I.G. – A New Legal Form of Organization of the Traders The need to harmonize the Romanian legislation with that of the E.U. countries as regards the commercial activity lead to the regulation by Law no. 161/2003 of a new entity: that of the economic interest group (E.I.G.). This original entity was conceived as a legal structure situated between the commercial company and the association, in which dominant in its organization is the will of the members that make it up and the contractual freedom. The Economic Interest Group is a structure which, observing the independence of its members, allow for the realization of mutual actions, more efficient than the mere contractual collaborations, due to the legal personality of the group. Thus, according to article 118 of Law 161/2003, an E.I.G. is formed for a determined period of time and represents an association of two or more natural or legal persons (never more than 20). The association is based on a contract which represents the constitutive deed of the group. It is not a “company contract” which allows for the manifestation of the will of the members to a larger extent. The Economic Interest Group has a patrimonial purpose and it may have the quality of trader or non-trader, depending on the operations and documents it makes (article 127 of Law 161/2003). The constitutive deed of an E.I.G. is legally registered with the Trade Registry in the jurisdiction area where the group has its headquarters, at the demand of the founders, of the managers or of an 24
Page 1 and 2: „DUNĂREA DE JOS” UNIVERSITY OF
Page 3 and 4: Conference Proceedings - Galaţi, 2
Page 5 and 6: LAW SECTION
Page 19: Conference Proceedings - Galaţi, 2
Page 71 and 72:
Conference Proceedings - Galaţi, 2
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
Page 149 and 150:
Page 151 and 152:
Page 153 and 154:
Page 155 and 156:
Page 157 and 158:
Page 159 and 160:
Page 161 and 162:
Page 163 and 164:
Page 165 and 166:
Page 167 and 168:
Page 169 and 170:
Page 171 and 172:
Page 173 and 174:
Page 175 and 176:
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Page 203 and 204:
Page 205 and 206:
Page 207 and 208:
Page 209 and 210:
Page 211 and 212:
Page 213 and 214:
Page 215 and 216:
Page 217 and 218:
Page 219 and 220:
Page 221 and 222:
Page 223 and 224:
Page 225 and 226:
Page 227 and 228:
Page 229 and 230:
Page 231 and 232:
Page 233 and 234:
Page 235 and 236:
Page 237 and 238:
Page 239 and 240:
Page 241 and 242:
Page 243 and 244:
Page 245 and 246:
Page 247 and 248:
Page 249 and 250:
Page 251 and 252:
Page 253 and 254:
Page 255 and 256:
Page 257 and 258:
Page 259 and 260:
Page 261 and 262:
Page 263 and 264:
Page 265 and 266:
Page 267 and 268:
Page 269 and 270:
Page 271 and 272:
Page 273 and 274:
Page 275 and 276:
Page 277 and 278:
Page 279 and 280:
Page 281 and 282:
Page 283 and 284:
Page 285 and 286:
Page 287 and 288:
Page 289 and 290:
Page 291 and 292:
Page 293 and 294:
Page 295 and 296:
Page 297 and 298:
Page 299 and 300:
Page 301 and 302:
Page 303 and 304:
Page 305 and 306:
Page 307 and 308:
Page 309 and 310:
Page 311 and 312:
Page 313 and 314:
Page 315 and 316:
Page 317 and 318:
Page 319 and 320:
Page 321 and 322:
Page 323 and 324:
Page 325 and 326:
Page 327 and 328:
Page 329:
show all

INTERNATIONAL CONFERENCE - Facultatea de Drept

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?