Adriana Moțatu (ed.) Ioana Nely Militaru (ed.) Diversity and Interdisciplinarity in Business Law Diversity and Interdisciplinarity in Business Law Editors: Adriana Moțatu Activity Adriana Moțatu, PhD., is Lecturer at the Law Department of the Bucharest Uni- versity of Economic Studies, where he specializes in criminal law and business law. She is a lawyer at the Bucharest Bar Association and a member of the Or- ganizing Committee of the International Conference „Perspectives of Business Law in the Third Millennium”. Publications Adriana Moțatu is author of numerous books and articles from which we mention the books in co-authorship: Studii de caz: Drept penal, Drept civil, Drept comercial (Case Studies: Criminal Law, Civil Law, Commercial Law), Milena Press, Bucharest, 2006; Dicționar juridic român-francez-englez-portughez (Romanian-French-English-Portuguese legal dictionary), Milena Press, Bucharest, 2016. Ioana Nely Militaru Activity Ioana Nely Militaru, PhD., is Associate Professor at the Law Department of the Bucharest University of Economic Studies, where he specializes in European Un- ion law and business law. She is a member of the Organizing Committee of the International Conference „Perspectives of Business Law in the Third Millen- nium”. Publications Ioana Nely Militaru is author of numerous books and articles from which we mention the article Citizenship of the European Union under the Treaty of Lisbon, „Juridical Tribune”, vol. I, issue 1, 2011, books: Dreptul afacerilor (Business Law), Universul Juridic Publishing House, Bucharest, 2013; Dreptul Uniunii Eu- ropene (European Union Law), 3rd edition, reviewed and added, Universul Juridic Publishing House, Bucharest, 2017. Adriana Moțatu (ed.) Ioana Nely Militaru (ed.) Diversity and Interdisciplinarity in Business Law Contributions to the 7th International Conference Perspectives of Business Law in the Third Millennium, November 24, 2017, Bucharest Bucharest 2017 ADJURIS – International Academic Publisher This is a Publishing House specializing in the publication of academic books, founded by the Society of Juridical and Administrative Sciences (Societatea de Stiinte Juridice si Administrative), Bucharest. We publish in English or French treaties, monographs, courses, theses, papers submitted to international conferences and essays. They are chosen according to the contribution which they can bring to the European and international doctrinal debate concerning the questions of Social Sciences. ISBN 978-606-94312-2-1 (E-Book) © ADJURIS – International Academic Publisher Editing format .pdf Acrobat Reader Bucharest 2017 All rights reserved. www.adjuris.ro [email protected] All parts of this publication are protected by copyright. Any utilization outside the strict limits of the copyright law, without the permission of the publisher, is forbidden and liable to prosecution. This applies in particular to reproductions, translations, microfilming, storage and processing in electronic retrieval systems. Preface Editors Lecturer Adriana Moțatu, PhD. Associate Professor Ioana Nely Militaru, PhD. Law Department, Bucharest University of Economic Studies This volume contains the scientific papers presented at the Seventh In- ternational Conference „Perspectives of Business Law in the Third Millennium” that was held on 24 November 2017 at Bucharest University of Economic Stud- ies, Romania. The conference is organized each year by the Department of Law at Bucharest University of Economic Studies together with the Society of Juridi- cal and Administrative Sciences. More information about the conference can be found on the official website: www.businesslawconference.ro. The scientific studies included in this volume are grouped into six chap- ters: Business Law and Investments. The papers in this chapter refer to the heraldic insignia of institutions and societies in contemporary law, the punitive damages and the extent of its application in the Iraqi and Roma- nian competition laws, the situation in which the trademark owner is not also the user, considerations regarding the cases of nullity of fusion, the loyalty and non-competition obligation of the directors and as- sociates of trading companies, intermediate contract in interna- tional trade, public-private partnerships and investments. Criminal Law in Business Context. This chapter includes papers on: fraud management in the Romanian criminal law, the embezzle- ment of public auctions in the Romanian law, some considerations on deceit offense in the Romanian criminal law, considerations on the subjective aspect of corruption offenses, customs offenses in comparative law, new specific techniques of investigation for the economic offences. Business Tax Law. The papers in this chapter refer to the legal status of the digital certificate used for submitting tax returns online in Romania, a view on the VAT split procedure in Romania, considerations about the Bitcoin currency, tax mediation in the Portuguese legal system, Labor Law. This chapter includes papers on: emigration of Croatian workforce after country joined the European Union, collective dismissal in Turkish labor law, the inclusion of persons with disabilities on the Ro- manian labor market. Business Law and Information Society. This chapter includes papers on: the right to information and the information society, legal reform of Eu- ropean Union data protection. Environmental Law and Business. The papers in this chapter refer to the role of environmental protection in the current international context and to the „Green” obligations regarding new constructions and their impact upon the real-estate market. This volume is aimed at practitioners, researchers, students and PhD can- didates in juridical sciences, who are interested in recent developments and pro- spects for development in the field of business law at international and national level. We thank all contributors and partners, and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in contemporary busi- ness law. Table of Contents BUSINESS LAW AND INVESTMENTS ...................................................... 10 D. Claudiu Ramon BUTCULESCU Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions........................................................................................................ 11 Al Jashami Muhammed Khariy QSAIR Punitive Damages and the Extent of its Application in the Iraqi and Romanian Competition Laws ............................................................................ 19 Raul Sorin FÂNTÂNĂ When the Trademark Owner is not also the User. Consequences for the Asset Valuation. The Judiciary Technical Expert's Point of View .............. 27 Viorel BĂNULESCU Considerations Regarding the Cases of Nullity of Fusion. Nullity for Majority Abuse. Aspects of Comparative Law ................................................. 36 Vasile NEMEȘ, Gabriela FIERBINȚEANU The Obligation of Loyalty and Non-Competition of Administrators / Directors and Associates of Commercial Companies ....................................... 48 Laura RUDNYANSZKY Agency Contract in International Trade ............................................................ 60 Ovidiu MAICAN Antitrust Law in the United States of America ................................................. 81 Samson PASCHAL Public-Private Partnerships: No Investment without an Investor-State Dispute Settlement or Investment Court System ............................................... 88 CRIMINAL LAW IN BUSINESS CONTEXT ........................................... 104 Ioana RUSU Fraud Management in the Romanian Criminal Law. Direct Implications in Business Environment ..................................................................................... 105 Table of Content 8 Bogdan BÎRZU The Embezzlement of Public Auctions in the Romanian Law. The Consequences of the Offense in the Business Environment ........................... 121 Ion RUSU Some Considerations on Deceit Offense in the Romanian Criminal Law. Implications in Business Law .......................................................................... 133 Elisabeta BOȚIAN Considerations on the Subjective Aspect of Corruption Offenses .................. 156 Aurel Octavian PASAT Customs Offenses: Notion, Award Criteria for Dangerous Socialment Facts to the Category of Customs Offenses. Comparative Study .................... 164 Delia MAGHERESCU New Specific Techniques of Investigation for the Economic Offences .......... 177 BUSINESS TAX LAW .................................................................................. 193 Silvia-Lucia CRISTEA The Legal Status of the Digital Certificate Used for Submitting Tax Returns Online, in Romania ............................................................................ 194 Mihaela TOFAN A View on the VAT Split Procedure: the Estimated Effects of the Proposal for Regulation ................................................................................... 205 Cătălin Cristian SELIȘTEANU The Bitcoin Currency - a New Instrument Used in Conducting Business?.........................................................................................................216 Cláudia Sofia FIGUEIRAS Tax Mediation in Portuguese Legal Ordinance: De Iure Condendo(?)