Downloads: Arcana arcanorum PDF Letoltes de ce que l'on appelait la «tratat de drept comercial carpenaru tradition égyptienne». 9 St. D. Cărpenaru, Drept comercial român, Edit. Universul Juridic, Bucureşti 1/ , p. (Legal Frame of Electronic Commerce, in „Revista de drept comercial”, no. 1/, p. . 19 D. Chirică, Tratat de drept civil. Contracte speciale, vol. ; echecs16.infoiu, echecs16.infoi-Balanescu, echecs16.infoanu, Tratat de Drept Civil Roman, . Stanciu echecs16.infoaru, Dreptul comercial roman, Ed.a VIII a, revazuta si.
|Language:||English, Spanish, Hindi|
|ePub File Size:||27.34 MB|
|PDF File Size:||12.43 MB|
|Distribution:||Free* [*Register to download]|
Partea 1-comercial carpenaru - Download as PDF File .pdf) or read online. - comercial carpenaru. Drept comercial Vasile echecs16.info Uploaded by. Partea 2-comercial carpenaru - Free download as PDF File .pdf) or read online for free. -comercial carpenaru. 5 For other definitions of the contract see, Stanciu D. Cărpenaru, Tratat de drept comercial român. Conform noului Cod civil,. Editura Universul Juridic, Bucureşti, .
For the legal operations which take place in the virtual space, they raised the issue of confirming the agreements according to the allegations made in the respective documents, the signature authenticity being questioned for lack of well established rules and without a corresponding protection which could eliminate the possibility of altering it. Unlike the traditional writs, the electronic writs do not have a strictly visual representation. As a result, it is imperative that the recipient should verify, using specific methods, the conformity of the signature, respectively the document authenticity. Keywords: Electronic signature, electronic writs, document authenticity, holograph signature, certification services, private key. Contents The multitude of commercial national or international transactions could not be performed today with so much efficiency without the support of the informational and technical means, without the electronic signature, which might confirm the partners agreement, which might enable them to certify the conventions concluded even if they are not present and the negotiations are also made through electronic means. The operations in the area of the public services which take place today in the virtual space, raised the issue of establishing a system which might be used, with the same elements of security as the signature and the writs made on the writing paper as a writing support, by the one who writes or signs being present at the place where these operations take place.
The creation data of the electronic signature represents, according to the regulation provided by the law, any electronic data with the characteristic of uniqueness, such as private codes or cryptographic keys, used by the signee to create an electronic signature art.
The main objective of the law mentioned above is the identification and certification of the consent of the writ author under electronic form and meeting all the requirements of fidelity and the security system based on the electronic signature.
The security devices to create and verify the signature should be accompanied by a valid certificate from the provider of the certification services, the absence of this certificate leading to the impossibility of assimilating the electronic writ with the writ under private signature art.
In order to establish the identity of the person which the electronic signature belongs to, a certificate is necessary, a certificate which represents a collection of electronic data certifying the connection between the verification data of the electronic signature and a person, confirming the identity of that person and which is issued by a certification service. According to the law, the provider of the certification services may be any person, Romanian or foreign person, who is entitled to issue certificates or who also provides other services related with the electronic signature, this person having to keep the secret of the trusted information art.
The certificate represents a collection of electronic data certifying the connection between the verification data of the electronic signature and a person, confirming the identity of that person art.
In order to ensure the unique identity, each signee will be given a personal code by the certification service provider.
In the field legal literature they considered that although the law starts from the principle according to which the holder of the private key is the author of the electronic writ, who may consider himself that he does grant, by confirming the validity of the extended electronic signature, value to the absolute presumption on the identity of the signee 7, a third party holding the private key, being able to sign the electronic message on behalf of its legitimate holder.
Thus, they concluded that a trustee 8 can sign, to the extent of the mandate entrusted, on behalf of the private key holder. They have tried hard and we consider that, to a large extent, they have succeeded that the identity of the person may be included in a digital certificate, a secured electronic code, which may be certified only the person holder of the decoding key and who may provide sufficient secured elements, who may ensure the certification of the message origin, its integrity and its confidentiality.
According to the general principle according to which the value of the evidentiary means should be for the court to freely decide on 9, the electronic signature does not have a preestablished value either, there is the possibility of using without a right the private key, whether by the certification service provider or by other persons who can illegally enter in its possession.
In order to prevent forgery and grant the electronic signature a high value, according to the provisions of the art. Stoenescu, S. Zilberstein, Drept procesual civil.
Beck Publishing House, Bucharest, , p. Hilsenrad, I. Stoenescu, Gr. Until the entrance into force of the law on the electronic signature, in the field legal literature they stated, for a good reason, that the electronic records may be considered the beginning of written evidence, being able to be used as a means of evidence only by corroborating them with other evidentiary means, s they do not contain the original signature of the issuer The electronic signature, attached to the electronic writ to which it was incorporated or associated an electronic signature, unless it is an extended electronic signature or it is based on a qualified certificate or it is performed by means of a secured signature producing mechanism, can be assimilated, concerning its terms and effects, with the beginning of the written evidence art.
According the provisions of the art. Including the electronic writ among the other evidentiary means, does not automatically lead to the assimilation of the two categories of signature holograph and electronic the electronic signature is to produce its effects only when this provides sufficient warranties to certify the integrity of the message sent and the consent of its author.
Public property assets are inalienable, imprescriptible and can not be seized. Therefore, the user, under penalty of absolute nullity, will not be able alienate the asset and will not be able to provide real guarantees over the asset pledge, mortgage, right of retention.
Termination of the contract Contract shall terminate at expiry the duration established in the contract for award in free usage. The contract may be terminated before the deadline, in case of unilateral termination by the public authority required by the public interest, in the case of termination for failure to perform culpable of the contract by one party, in case of impossibility objective to exploit the property or, in case of termination the public property right or of administration right of the asset given for free usage.
In case of unilateral termination, the compensation having previously character, the contract will cease only when the public authority pays the compensation to the user. The compensation should cover both the actual loss suffered damnum emergens and loss of earnings lucrum cessans.
The public authority shall notify its intention to terminate the contract and make mention of the reasons that led to this measure, and the parties will determine the amount of compensation due to the user and the manner their payment.
In case of disagreement, they will be set by the juridical court or, where appropriate, by the arbitration court specified in the contract. The party which has complied with its obligations under the contract may invoke the termination when there is a default attributable to the other party culpable and default is important enough to deprive by cause the execution of mutual obligations.
In the case of judicial termination, the contract ceases on the date on which court decision becomes final in which upheld the action. The contract may be terminated and at disappearance of a case of force majeure, of the asset given for free use or in the case the user's inability to exploit objective, by renunciation, without payment of compensation.
The term objective impossibility has in view the impossibility of execution of obligations due to an external cause, which is not attributable to that party, encompassing both the force majeure and the fortuitous case Renunciation requires the prior notification to the public authority about the the fortuitous case or force majeure. If the renunciation is not immediately notified, the user may be obliged to repair the damage caused. The termination of the right to public property over the asset given for free usage will determine also termination of the contract.
Sebeni, S. The public use or interest may cease, for example, in the case of refunding the confiscated property abusively where it fits in goods subject to Law no. The contract will terminate also if the asset which is the subject of the contract is transferred from the public domain of the state in the public domain of administrative territorial units or vice versa, as provided by art.
Also, if the public authority has the asset in the concrete administration and the right of administration stops, it will terminate also the right to use constituted free of charge. Litigation According to art.
Starting from the fact that the use of public asset, according to the destination specified in the contract, is both a right and an obligation for user the legal defense in the litigations on the contesting the right to use free of charge or conditions for carrying it appears to be an obligation inherent for the quality of the user.
If this requirement is not met, the contract for award in free usage commodatum of a public property asset may be terminated by the public authority. The settlement of disputes arising in connection with the assignment, the conclusion, performance, amendment and termination of the contract for award in free usage commodatum of a public property asset, as well as those relating to award of damages shall be made in compliance with the provisions of Law no. The free use right is a real right can thus be defended by an confessor action for free use, according to art.
Under the terms of the provisions of art.
Published in Official Gazette of Romania no. The confessor action may be exercised by the user against third parties only if it were not transferred by contract also the prerogatives of public authority giving it more effective means of defense.
Thus, if the user receives along with the asset also the right of contraventional sanctioning of the third parties that it disturbs in the exploitation of the asset, he will be able to use this means of defense more effective.
The confessor action may be brought against to third parties and against the public authority if disturbance is not achieved through administrative acts eg administrative act by which the public authority terminates the contract on grounds of public interest , in which case the user will recourse to the action in litigation administratively under art. The confessor action will be resolved by court of common law.
The confessor action is imprescriptible14 because free use right is established on the basis of the public property right which is imprescriptible both extinctive and acquisitive as long as it lasts right to use free of charge. Conclusions The public administration tasks can be successfully taken of public utility associations and foundations. They can get for free use of the public assets that they will use to achieve the public interest.
Thus, the specific activities traditionally of the public sector get to be provided by private organizations. This area event space where the actions of public services does not coincide with the public sector, being more numerous connections with private space, in the contemporary doctrine is called "organization space of collective functions" We consider that this concept explains the best the trend of rapprochement between public law and private law, under the conditions in which public administration seeking the agreement of its partners accepting the need of cost effectiveness and, in some cases, the existence of competition, will be placing their interventions into the market economy, using contractual procedures Albu, E.
Alexandru, I. Baias, Fl. Beck Publishing House, Bucharest, Chelaru, E.