Browsing by Author "Gribincea, Lilia"

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ANALYSIS OF EUROPEAN UNION LEGISLATION ON TRADE
(2016) Gribincea, Lilia; Dandara, Liliana
On June 27, 2014 there was signed an Association Agreement between the Republic of Moldova, on one hand and the European Union and the European Atomic Energy Community and its Member States, on the other hand (hereinafter - the Association Agreement). The Association Agreement entered into force on 1 July 2016. The signing of the Association Agreement was as a result of the close ties between the parties established by the Partnership and Cooperation Agreement between the European Communities and their Member States, on the one hand, and the Republic of Moldova on the other hand, which develops within the European Neighborhood policy and the Eastern Partnership, as well as recognition of the shared desire of the parties to further develop, strengthen and expand their relationships. The Association Agreement contributes to the development of trade and economic relations between the parties. The Republic of Moldova is obliged to take necessary measures to ensure compliance with the objectives of Union's regulations and to follow the principles and practices set out in the relevant acquis of the Union. The Republic of Moldova will also gradually include relevant acquis of the Union in its legislation, in accordance with the provisions of the Association Agreement. The legislative background regulatory EU trade is subject studies only a small circle of researchers, approaches and sequential episodic in character, without being integrated into a systemic study, complex, integrated. The objectives of the research are to analyze the most important EU regulations on trade.
ARBITRAJUL AD-HOC
(2014) Gribincea, Lilia
ASIGURĂRILE MARITIME
(2012) Gribincea, Lilia
Marine insurance is a type of insurance that covers boats and ships, as well as their cargo and in some instances the places where the boat or ship is docked. Actual total loss and constructive total loss are used to differentiate the degree of proof where a vessel or cargo has been lost. An actual total loss occurs where the damages or cost of repair clearly equal or exceed the value of the property. A constructive total loss is a situation where the cost of repairs plus the cost of salvage equal or exceed the value. The use of these terms is contingent on there being property remaining to assess damages, which is not always possible in losses to ships at sea or in total theft situations. In this respect, marine insurance differs from non-marine insurance, where the insured is required to prove his loss. Traditionally, in law, marine insurance was seen as an insurance of “the adventure”, with insurers having a stake and an interest in the vessel and/or the cargo rather than simply an interest in the financial consequences of the subject-matter’s survival.
ASPECTE COMPARATIVEALE PREVEDERILOR LEGISLAȚIEI UNIUNII EUROPENE ȘI LEGISLAȚIEI REPUBLICII MOLDOVA PRIVIND OBLIGAȚIA DE INFORMARE A CONSUMATORILOR ÎN CAZUL ÎNCHEIERII CONTRACTELOR LA DISTANȚĂ ȘI CELOR NEGOCIATE ÎN AFARA SPAȚIILOR COMERCIALE
(CEP USM, 2020) Gribincea, Lilia
In order to promote the interests of consumers and to ensure a high level of consumer protection, the Union shall contribute to protecting the health, safety and economic interests of consumers, as well as to promoting their right to information, education and to organise themselves in order to safeguard their interests. Since 1987, the European Union applies the most stringent consumer protection rules in the world. Thus, there were adopted legislative acts regulating consumer rights, unfair commercial practices of companies in the domestic market towards consumers, abusive contractual clauses and passenger rights.
ASPECTE REGLEMENTATE DE CONVENȚIA ONU ASUPRA CONTRACTELOR DE VÂNZARE INTERNAȚIONALĂ DE MĂRFURI ÎN LEGĂTURĂ CU OBLIGAȚIA DE PREDARE A MĂRFII
(CEP USM, 2024) Gribincea, Lilia
The seller’s obligations are regulated in the second chapter of the United Nations Convention on Contracts for the International Sale of Goods signed at Vienna on 11 April 1980. Thus, the seller is obliged to deliver the goods, to transfer the property and, if it is the case, to provide the documents regarding the goods, in the conditions specified by the contract. In this article, I will refer to the obligation of the seller to deliver the goods in accordance with the provisions of the United Nations Convention on Contracts for the International Sale of Goods signed at Vienna on 11 April 1980. In connection with the obligation to deliver goods, the Vienna Convention regulates three aspects, namely: the place of delivery of the goods; certain obligations of the seller; adjacent to the delivery and the time of delivery of the goods. Qualitative methods,based on content analysis, were used to develop the study.
AUTORITATEA BANCARĂ EUROPEANĂ
(2013) Gribincea, Lilia
The European Banking Authority was established by the Regulation (EC) No. 1093/2010 of the European Parliament and of the Council on 24 November 2010. The Authority shall have inter alia the following tasks: (a) to contribute to the establishment of high-quality common regulatory and supervisory standards and practices, in particular by providing opinions to the European Union institutions and by developing guidelines, recommendations, and draft regulatory and implementing technical standards; b) to stimulate and facilitate the delegation of tasks and responsibilities among competent authorities; c) to cooperate closely with the European Systemic Risk Board (ESRB), in particular by providing the ESRB with the necessary information for the achievement of its tasks and by ensuring a proper follow up to the warnings and recommendations of the ESRB; d) to organise and conduct peer review analyses of competent authorities, including issuing guidelines and recommendations and identifying best practices, in order to strengthen consistency in supervisory outcomes; e) to undertake economic analyses of markets to inform the discharge of the Authority’s functions; f) to foster depositor and investor protection; g) to contribute to the consistent and coherent functioning of colleges of supervisors, the monitoring, assessment and measurement of systemic risk, the development and coordination of recovery and resolution plans, providing a high level of protection to depositors and investors throughout the European Union and developing methods for the resolution of failing financial institutions and an assessment of the need for appropriate financing instruments etc.
CERINŢE PRIVIND FORMAREA INIŢIALĂ A MEDIATORILOR. ASPECTE DE DREPT COMPARAT
(CEP USM, 2016) Gribincea, Lilia
CERINŢELE NECESARE PENTRU ÎNCHEIEREA CONTRACTELOR DE CREDIT CU CONSUMATORII ÎN UNIUNEA EUROPEANĂ
(CEP USM, 2013-09-26) Gribincea, Lilia
COMITETUL EUROPEAN PENTRU RISC SISTEMIC
(2012) Gribincea, Lilia
According to the Regulation (EU) nr.1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board, the European Systemic Risk Board (ESRB) shall be responsible for the macro-prudential oversight of the financial system within the European Union in order to contribute to the prevention or mitigation of systemic risks to financial stability in the Union that arise from developments within the financial system and taking into account macro-economic developments, so as to avoid periods of widespread financial distress. It shall contribute to the smooth functioning of the internal market and thereby ensure a sustainable contribution of the financial sector to economic growth. For this purpose, the ESRB shall carry out the following tasks: • determining and/or collecting and analysing all the relevant and necessary information; • identifying and prioritising systemic risks; • issuing warnings where such systemic risks are deemed to be significant and, where appropriate, make those warnings public; • issuing recommendations for remedial action in response to the risks identified and, where appropriate, making those recommendations public; • when the ESRB determines that an emergency situation may arise issuing a confidential warning addressed to the Council and providing the Council with an assessment of the situation, in order to enable the Council to adopt a decision addressed to the European Supervisory Authorities (ESAs) determining the existence of an emergency situation; • monitoring the follow-up to warnings and recommendations; • cooperating closely with all the other parties to the European System of Financial Supervision (ESFS); where appropriate, providing the ESAs with the information on systemic risks required for the performance of their tasks; and, in particular, in collaboration with the ESAs, developing a common set of quantitative and qualitative indicators (risk dashboard) to identify and measure systemic risk; • participating, where appropriate, in the Joint Committee of the ESAs; • coordinating its actions with those of international financial organisations, particularly the International Monetary Fund and the Financial Stability Board as well as the relevant bodies in third countries on matters related to macro-prudential oversight; • carrying out other related tasks as specified in Union legislation.
COMPARISON OF UNCITRAL MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION, DATED JUNE 21, 1985 140 WITH THE PROVISIONS OF THE NATIONAL LAW IN THIS FIELD
(2011) Gribincea, Lilia
Arbitrajul comercial internaţional constituie o metodă alternativă de soluţionare a litigiilor atât de către arbitrii numiţi pentru fiecare caz aparte (arbitraj ad-hoc), cât şi de către instituţii permanente de arbitraj. Arbitrajul comercial internaţional este considerat mijlocul prin care un litigiu sau mai multe litigii ce vor apărea în viitor pot fi soluţionate definitiv de o persoană neinteresată şi nonguvernamentală. Arbitrajul comercial internaţional poate fi instituţionalizat şi ad-hoc. Arbitrajul instituţionalizat este o formă a arbitrajului comercial internaţional a cărui existenţă nu depinde de soluţionarea unui anumit litigiu şi presupune exercitarea atribuţiilor jurisdicţionale în mod neîntrerupt, fiind organizat într-un cadru instituţionalizat prin lege şi având caracter de permanenţă şi continuitate. Arbitrajul ocazional sau ad-hoc este caracterizat drept modalitatea tradiţională, fiind organizat de părţi şi funcţionând în vederea soluţionării unui litigiu determinat, existenţa lui încetând odată cu pronunţarea hotărârii. Legea Model UNCITRAL privind arbitrajul comercial internaţional din 1985 a stat la baza elaborării Legii Republicii Moldova Nr. 24-XVI din 22.02.2008 cu privire la arbitrajul comercial internaţional.
CONTRACTUL DE NAVLOSIRE
(2012) Gribincea, Lilia
A charter party means a contract by which a ship or a principal part of it, is lead by the owner especially to a merchant for the conveyance of goods on a predetermined voyage to one or more places, a special contract between the ship owner and charters, especially for the carriage of goods etc. The charterer takes over the vessel for either a certain amount of time (a time charter) or for a certain point-to-point voyage (a voyage charter), giving rise to these two main types of charter agreement. There is a subtype of time charter called the demise or bareboat charter. In a time charter, the vessel is hired for a specific amount of time. The owner still manages the vessel but the charterer gives orders for the employment of the vessel, and may sub-charter the vessel on a time charter or voyage charter basis. The demise or bareboat charter is a subtype of time charter in which the charterer takes responsibility for the crewing and maintenance of the ship during the time of the charter, assuming the legal responsibilities of the owner and is known as a disponent owner. In a voyage charter, the charterer hires the vessel for a single voyage, and the vessel’s owner (or disponent owner) provides the master, crew, bunkers and supplies.
CONTRACTUL DE TRANSPORT MULTIMODAL INTERNAŢIONAL DE MĂRFURI
(2012) Gribincea, Lilia
Multimodal transport contract means a contract whereby a multimodal transport operator undertakes, against payment of freight, to perform or to procure the performance of international multimodal transport. Multimodal transport document means a document which evidences a multimodal transport contract, the taking in charge of the goods by the multimodal transport operator, and an undertaking by him to deliver the goods in accordance with the terms of that contract. In accordance with the United Nations Convention on International Multimodal Transport of Goods (Geneva, 24 May 1980), the multimodal transport document shall contain inter alia, the following particulars: the general nature of the goods, the leading marks necessary for identification of the goods, an express statement, if applicable, as to the dangerous character of the goods, the number of packages or pieces, and the gross weight of the goods or their quantity otherwise expressed, all such particulars as furnished by the consignor; the apparent condition of the goods; the name and principal place of business of the multimodal transport operator; the name of the consignor; the consignee, if named by the consignor; the place and date of taking in charge of the goods by the multimodal transport operator; the place of delivery of the goods; the date or the period of delivery of the goods at the place of delivery, if expressly agreed upon between the parties; a statement indicating whether the multimodal transport document is negotiable or non-negotiable; the place and date of issue of the multimodal transport document; the signature of the multimodal transport operator or of a person having authority from him.
CONTRACTUL INTERNAŢIONAL DE AGENŢIE
(2012) Gribincea, Lilia
Concerning the Civil Code of the Republic of Moldova, the trade/sales agent is the natural person - independent entrepreneur, who was entrusted permanent warrants at trade contract conclusion or agency, with goods, rights and services in the name and on the account of another enterprise (principal). According to this Code the person who: a) being an employee of the principal has the competence to conclude obligatory contracts for the principal; b) being a partner, he has the right to conclude mandatory contracts for his partners; c) is the administrator of the reorganization or the abolition in the process of insolvency; d) activates at the commodity exchange. Concerning the UNIDROIT Principles of International Commercial Contracts 2010, the principal's grant of authority to an agent may be express or implied.The agent has authority to perform all acts necessary in the circumstances to achieve the purposes for which the authority was granted. Where an agent acts within the scope of its authority and the third party knew or ought to have known that the agent was acting as an agent, the acts of the agent shall directly affect the legal relations between the principal and the third party and no legal relation is created between the agent and the third party. However, the acts of the agent shall affect only the relations between the agent and the third party, where the agent with the consent of the principal undertakes to become the party to the contract. Where an agent acts within the scope of its authority and the third party neither knew nor ought to have known that the agent was acting as an agent, the acts of the agent shall affect only the relations between the agent and the third party. However, where such an agent, when contracting with the third party on behalf of a business, represents itself to be the owner of that business, the third party, upon discovery of the real owner of the business, may exercise also against the latter the rights it has against the agent. Where an agent acts without authority or exceeds its authority, its acts do not affect the legal relations between the principal and the third party. However, where the principal causes the third party reasonably to believe that the agent has authority to act on behalf of the principal and that the agent is acting within the scope of that authority, the principal may not invoke against the third party the lack of authority of the agent. An agent that acts without authority or exceeds its authority is, failing ratification by the principal, liable for damages that will place the third party in the same position as if the agent had acted with authority and not exceeded its authority. However, the agent is not liable if the third party knew or ought to have known that the agent had no authority or was exceeding its authority. The trade agent is obliged to represent honestly the interests of the principal. The principal is obliged to respect the principle of good-will/faith in relations with the trade agent. Particularly, the principal is obliged to put at the trade’s agent disposal all the necessary information for the execution of the agency contract, to notify the trade agent in reasonable terms if it is expected that the volume of the commercial transactions will be considerably lower then the agent would normally suppose/assume, as well as about the acceptance, refusal or the non-execution of a commercial contract, proposed by the agent. If the sum of the remuneration was not stipulated, it is considered that was agreed upon an ordinary remuneration in this domain of activity. In case of impossibility of agreement upon an ordinary remuneration, the trade agent has the right to a reasonable remuneration for the service performed to the principal, taking into account the circumstances in matter and the principle of equality. The remuneration can be entirely or partially paid in the form of commission remuneration, meaning remuneration that varies in dependence on the value of the legal trade acts. The trade agent has the right to commission remuneration for the legal acts concluded during the period of the validity of the agency contract, if and to the extend that:  the legal act was concluded because of the actions of the respective trade agent;  the legal act was concluded with a third party, that previously had become the client of the principal as the result of a similar transaction, due to the actions of the trade agent. The trade agent will have the right to commission remuneration, as well, for the legal acts, concluded during the validity of the agency contracts, in case that the agent has the exclusive right, licensed by the principal according to the agency contract, to lead negotiations or to conclude contracts in the name of the principal, on a certain territory or for a certain group of clients, and if a contract was concluded with a client from the territory or from that certain group.
CONTRACTUL INTERNAŢIONAL DE FRANCHISING
(2012) Gribincea, Lilia
The franchising contract is a contract of successive execution in time through which independent enterprises take a mutual obligation to promote goods and service marketing through specific supplies by each of them. The franchising contract is concluded in writing under the nullity sanction. In the text of the contract, along with mutual obligations of the parties clearly stipulated, contract duration, regulations of termination and renewal and other important elements of the contract, a complete description of the program of franchising provisions is presented. At the contract conclusion the parties have the mutual obligation to fully and openly inform the other party about the circumstances that refer to the franchising and to put at the disposal of the other party the necessary information according to the good faith principle. The parties are obliged to keep the secret of confidentiality data, inclusively in the case when the contract is not further concluded.
CONTROLUL CONCENTRĂRILOR ECONOMICE ÎNTRE ÎNTREPRINDERI ÎN UNIUNEA EUROPEANĂ
(2013) Gribincea, Lilia
Realizarea pieţei interne şi a Uniunii economice şi monetare, extinderea Uniunii Europene şi reducerea obstacolelor internaţionale din calea schimburilor şi a investiţiilor contribuie la reorganizări majore ale societăţilor, în special sub formă de concentrări. Asemenea reorganizări trebuie încurajate în măsura în care se respectă cerinţele unei concurenţe dinamice şi pot duce la creşterea competitivităţii industriei europene, îmbunătăţind condiţiile de dezvoltare şi ducând la creşterea standardului de viaţă din Uniunea Europeană
CONVENȚIA DE LA SINGAPORE CU PRIVIRE LA RECUNOAȘTEREA ȘI EXECUTAREA ACORDURILOR DE MEDIERE
(CEP USM, 2020) Gribincea, Lilia
DAUNELE-INTERESE ÎN COMERŢUL INTERNAŢIONAL
(2012) Gribincea, Lilia
Non-performance is failure by a party to perform any of its obligations under the contract, including defective performance or late performance. The aggrieved party is entitled to full compensation for harm sustained as a result of the non-performance. Such harm includes both any loss which it suffered and any gain of which it was deprived, taking into account any gain to the aggrieved party resulting from its avoidance of cost or harm. Such harm may be non-pecuniary and includes, for instance, physical suffering or emotional distress. Damages are to be paid in a lump sum. However, they may be payable in instalments where the nature of the harm makes this appropriate. Damages to be paid in instalments may be indexed. Damages are to be assessed either in the currency in which the monetary obligation was expressed or in the currency in which the harm was suffered, whichever is more appropriate. If a party does not pay a sum of money when it falls due the aggrieved party is entitled to interest upon that sum from the time when payment is due to the time of payment whether or not the non-payment is excused.
DREPTURILE ȘI PRINCIPIILE DIGITALE ALE UNIUNII EUROPENE PENTRU DECENIUL DIGITAL
(CEP USM, 2024-11-07) Gribincea, Lilia
The European Union’s Digital Single Market Strategy was launched in 2015 and created the conditions for more effective digital harmonization between EU member states, contributing to economic growth, boosting jobs, competition, investment and innovation in the EU based on three pillars: access, environment and economy and society. The first pillar involves better access for consumers and businesses to digital goods and services across Europe, the second is about creating the right conditions and a level playing field for digital networks and innovative services to develop, and the third - maximizing the potential growth of the digital economy.
FUZIUNILE SOCIETĂŢILOR COMERCIALE PE ACŢIUNI ÎN UNIUNEA EUROPEANĂ
(2012) Gribincea, Lilia
The merger by acquisition shall mean the operation whereby one or more companies are wound up without going into liquidation and transfer to another all their assets and liabilities in exchange for the issue to the shareholders of the company or companies being acquired of shares in the acquiring company and a cash payment, if any, not exceeding 10 % of the nominal value of the shares so issued or, where they have no nominal value, of their accounting par value. Merger by the formation of a new company shall mean the operation whereby several companies are wound up without going into liquidation and transfer to a company that they set up all their assets and liabilities in exchange for the issue to their shareholders of shares in the new company and a cash payment, if any, not exceeding 10 % of the nominal value of the shares so issued or, where they have no nominal value, of their accounting par value.
INIŢIEREA ACTIVITĂŢII INSTITUŢIILOR DE CREDIT ÎN UNIUNEA EUROPEANĂ ŞI ÎN REPUBLICA MOLDOVA
(2012) Gribincea, Lilia
Member States shall require credit institutions to obtain authorisation before commencing their activities. Member States shall require applications for authorisation to be accompanied by a programme of operations setting out, inter alia, the types of business envisaged and the structural organisation of the credit institution. Without prejudice to other general conditions laid down by the national law, the competent authorities shall not grant authorisation when the credit institution does not possess separate own funds or in cases where initial capital is less than EUR 5 million. Member States may decide that credit institutions which do not fulfil the requirement of separate own funds and which were in existence on 15 December 1979 may continue to carry on their business. Member States may, subject to the following conditions, grant authorisation to particular categories of credit institutions the initial capital of which is less than EUR 5 million:the initial capital shall be no less than EUR 1 million; the Member States concerned shall notify the Commission and European Banking Authority of their reasons for exercising that option; and the name of each credit institution that does not have the minimum capital shall be annotated to that effect in the list which the European Banking Authority shall publish and keep up-to-date on its website.