2. Articole

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    Provocări actuale în reglementarea juridică a antreprenoriatului social în Republica Moldova
    (CEP USM, 2024-11-07) Martin, Cristina; Racu, Laurențiu
    Social entrepreneurship is a relatively new field that presents challenges for both entrepreneurs and lawmakers. The current socio-political landscape emphasizes the importance of establishing p and supporting social businesses through a comprehensive and applicable regulatory framework. Aligning the provisions of specific laws with tax, labour regulations, and public procurement rules will foster the establishment and growth of social enterprises, enabling them to address local and national community issues. In the Republic of Moldova, social entrepreneurship has emerged as a response to the country’s rapid economic transition and the need for sustainable solutions to social problems. Although the Law 845/1992 on Entrepreneurship and Enterprises (Law 845/1992) defines social enterprises and their role in improving conditions for disadvantaged groups, discrepancies in legislation and enforcement have hinder progress. It is crucial to effectively promote state support mechanisms, such as tax incentives and employment subsidies. Furthermore, enhancing public procurement policies to favour social enterprises will provide additional support for their expansion and social impact. Strengthening the regulatory framework is crucial for the sector’s advancement and its contribution to society.
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    RĂSPUNDEREA LOCATARULUI ÎN CADRUL CONTRACTULUI DE LEASING
    (2007) Volcinschi, Victor; Martin, Cristina
    This Article provides for an analysis of the liability of the lessee within a leasing contract. The scope of analysis is determined by the fact that on most occasions the lessee is the counterparty which breaches its contractual obligations. Further to our analysis of the national legal provision as well as foreign laws, doctrine on grounds for liability of a lessee within a leasing contract, we can note that the legislation of the Republic of Moldova on leasing provides for a detailed and to a great extent unambiguous regulation of the respective relations between the parties. Thus, the law sets general rules such as rescission of a contract as a result of essential breach of contract and special rules such as risk of fortuitous loss borne by the lessee.
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    CADRUL NORMATIV CU PRIVIRE LA LEASINGUL FINANCIAR ÎN STATELE CU O EVOLUŢIE BOGATĂ A LEASINGULUI FINANCIAR
    (2008) Martin, Cristina
    The states where the leasing activity is wide-spread do not necessarily have special legal regulations in this respect. In many countries leasing operations are regulated by general civil or commercial legal provisions, as well as the tax and accounting regulations on leasing. However, there are many countries where leasing operations are regulated by a special law. But even in this case legal regulations are not uniform. The difference lies in various understanding of leasing.
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    ARBITRABILITATEA LITIGIILOR ÎN MATERIE DE SOCIETĂŢI COMERCIALE
    (2018) Martin, Cristina
    Articolul analizează criteriile de arbitrabilitate a litigiilor în materie de societăți comerciale prin prisma legislației Republicii Moldova, dar și sub aspect comparativ, a prevederilor legale ale altor state. Sunt scoase în evidență normele interpretative conținute în legislația națională, fiind aduse exemple de soluții aplicate în alte state pentru evitarea interpretărilor contradictorii.
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    STRUCTURILE EXTERNE ALE SOCIETĂȚII COMERCIALE
    (CEP USM, 2020) Martin, Cristina; Țurcan, Nicolina
    This research aims to give an interpretation to the latest changes in Mol- dovan civil legislation regarding branches and subsidiaries of legal entities, established on the territory of Republic of Moldova. This analysis is a comparative approach to the legislation of other countries, regarding the activity of branches, subsidiaries and groups of companies. Cross-border expansion by companies’ groups through integrated branch networks appears to be more efficient than establishing a series of legally independent entities. According to the Law no 133/2018 regarding some amendments of the Civil Code of Republic of Moldova and other legislation, for the purpose of alignment to Association Agreement, Directive 2011/35, Directive 82/891/EEC, the definitions of „branch” and „subsidiary” were reversed in Moldovan civil legislation. Those amendments establish a new perspective of how economic activities of company’s structures will be operated on the territory of Republic of Moldova.
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