Browse

You are looking at 61 - 70 of 154 items for :

  • Commercial Law x
Clear All
Open access

Ilchenko Angelina, Xiang Xiao Gang and Stepanov Vladimir

Abstract

In this article, the index approach to an estimation of situational multifactor economic categories is considered: a level of development of a social and economic infrastructure of region and population living conditions. Author’s mathematical models of formation of the integrated estimated indexes formulated on principles of the factorial analysis of hierarchies are used. The constructed estimated integrated indexes form a basis of ranging of territories, both in an annual cut and in dynamics on years that, in turn, allows to analyse the change in ratings of territories (during 5-10 years): on a level of development of an infrastructure and quality of life of the population. Authors give results of computer modelling of an index of development of a social and economic infrastructure. Here authors use additional parameters for the measurement of an index of capital investments in an infrastructure. Further, authors model an index of quality of life of the population. Here the methods used are the analysis of hierarchies, the factorial analysis and a method of the main things a component. Then the interrelation analysis between tendencies of change of indexes through comparison of ranks of territories is made. Theoretical offers of authors are accompanied by quantitative results of modelling experiments on materials of 30 Chinese provinces for the period of 10 years period.

Open access

Maria Misankova, Katarina Zvarikova and Jana Kliestikova

Abstract

Numerous economists and analysts from all over the world have been trying to find an appropriate method to assess company health and to predict its eventual financial distress for many years. No economy is a small isolated subject, and the bankruptcy of a company can cause through its stakeholders′ significant impact on the sustainable economic development. Otherwise, companies are very complicated entities, and it is not a simple task to estimate company’s future development. Together with the best-known Z-Score model of bankruptcy prediction developed by Altman, numerous models worldwide that are based on different methodologies have been developed. We assume that individual state’s economy has major influence on the final form of these models as well as there are several common characteristics between Slovak economy and economy of countries of Visegrad Four. Therefore, we applied chosen bankruptcy prediction models developed in countries of Visegrad Four on the set of Slovak companies and validated their prediction ability in specific condition of the Slovak economy. On the basis of the provided calculations, we compared gained results with the prediction capability of other popular prediction models also applied on the data set of Slovak companies. Through this, we pointed out the importance of the development of unique bankruptcy prediction model, which will be constructed in the specific condition of individual countries, and highlighted the weak forecasting ability of foreign models.

Open access

Gediminas Valantiejus

Abstract

In 2016, the European Union has launched a new and ambitious project for the future regulation of international trade in the European Union and the rules of its taxation: since the 1 May 2016, the new Union Customs Code (UCC) has entered into force. It revokes the old Community Customs Code (CCC), which was applied since 1992, and passed in the form of EU regulation sets brand-new rules for the application of Common Customs Tariff and calculation of customs duties (tariffs) in all the EU Member States. It is oriented to the creation of the paperless environment for the formalisation of international trade operations (full electronic declaration of customs procedures) and ensuring of a more uniform administration of customs duties in the tax and customs authorities of the Member States in the European Union. Therefore, the article raises and seeks to answer the problematic question whether the Member States of the European Union themselves are ready to implement these ambitious goals and does the actual practice of the Member States support that (considering the practice of the Republic of Lithuania). The research, which is based on the analysis of case law in the Republic of Lithuania (case study of recent tax disputes between the taxpayers and customs authorities that arose immediately before and after the entry into force of the UCC), leads to the conclusion that many problematic areas that may negatively impact the functioning of the new Customs Code remain and must be improved, including an adoption of new legislative solutions.

Open access

Pavel Palcu

Abstract

Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union’s financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor is now one of the main objectives of the European Union and is one of the priorities of the common space of freedom, security and justice for the next five years. Still looking for ways and methods useful for the implementation of these goals, but two conditions must be met: it must be a useful institution, well embedded in the EU institutions and must be based on our national legal traditions that have proven their relevance. Finally, it gives a substantial importance to defense lawyers and rights in various stages of the procedure, both in the contentious matter of freedom and during the performance of an adversarial procedure.

Open access

Florin Dumiter and Marius Boiță

Abstract

Transfer prices are a top field in financial and legal scientific research and practical activity. Although this research field is still in the beginning, due to its complexity, as well as it’s inter-, multi- and transdisciplinarity, it can be noted that empirical studies, as well as practical researches in economic and legal matters, have intensified. Moreover, this field of transfer prices is in close connection with the area of international double taxation, which shows its international character. In this article we sought a holistic approach to the transfer price phenomenon, dealing with economic and legal technical aspects that we believed are important to emphasise. Without addressing the issue of transfer prices in an exhaustive manner, in this article we presented both the legal and the economic framework of transfer prices in Romania. The added value of this article lies in the approach to transfer prices, both legally and economically.

Open access

Marius Neculcea and Bogdan Ionescu

Abstract

The authors aim to “drill” into the complex issue of the testimonial evidence, through a fresher approach, thus being interested, besides the purely legal aspect, also in the historical, sociological and even psychological perspective.

Open access

Daniela Creț

Abstract

Adoption is chief among the measures of alternative protection that can be taken to protect a child in Romania. According to Law no. 273/2004 on adoption procedure, current forms under which adoption can be found are domestic adoption and international adoption.

In what follows we will highlight certain novelty elements and changes to the domestic adoption procedure brought by Law no. 57/2016.

Open access

Pavel Palcu

Abstract

The unprecedented development of cybernetics was concretized by the emergence of computer technology in ways difficult to predict. In this context, the international underworld and organized crime have expanded the area of criminal acts, but equally there were new investigation possibilities for the police and judicial authorities, limiting the role of intuition and flair, of human spontaneity, the center of gravity falling on their ability to use new technology intelligence they have at their disposal.

Open access

Bojana Hajdini and Gentjan Skara

Abstract

Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward greater convergence with EU acquis by developing a modern legal framework. However, the paper points out that weak implementation has hampered the application of EU law in Albania due to: a) weak bureaucracy or uneven distribution of human capacities; b) the lack of an established practice of consultation with interest groups on specific draft legislation, and c) the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that effective adjustment of Albanian legal system with EU norms requires cooperation between different actors involved in the approximation and implementation process.

Open access

Hamed Alavi

Abstract

In this article, the author reviews the approach of English courts to limits of autonomy principle and tries to answer the following research questions: What obligations should the applicant fulfil while opening a credit in accordance with the underlying contract? What are the seller’s remedies when the buyer fails to perform his duties regarding opining and performance of the credit? On the other hand, what are the seller’s duties in the process of opening the credit and what will be the buyer’s remedy in case of his failure? What is the legal position regarding variation of the credit? What is the position of court regarding absolute or conditional nature of the credit? In order to answer the above research questions, paper is divided into seven parts: after the introductory comments, the second part will review the nature of the buyer’s obligation in opening the credit. The third part is focused on effect of non-compliance by the buyer and the fourth part studies the variation of the credit and its effect on party’s rights within the underlying contract. Part five deals with the buyer’s rights after opening the credit while part six will discuss the absolute or conditional nature of the payment obligation to pay under the LC. Last but not the least, the final part will provide some concluding remarks.