Business Law

BUSINESS LAW – COURSE II

Public law = has legal rules related to the organization of the state, the public authorities and the relations established between the state and the public authorities and the citizens and the individuals.

Private law = has rules regulating the private relations between individuals belonging to the same law. Is made taking into account 2 divisions, as follows:

• The nature of interest protected by legal groups

Therefore, the legal rules of public law protects the public’s general interests, meaning the interest of the entire community. At the same time, the legal rules of private law protects private individuals.

• The nature of the social relations under settlement

Are mainly subordination rules established between state and the individual. Within private law, the social rules under settlement are mainly equality relations established between natural or legal persons. The parties of such juridical relations are considered equal from a juridical point of view.

The public law includes the following branched of law:

1. Constitutional law – regulated the organization, the structure, the powers of state authority, the electro system, the rights & duties of the citizens. The main source of constitutional law is the Constitution of Fundamental Law of Accounting.
2. Administrative law – contains legal rules referring to the organization and the functioning of administrative bodies of the state and public services.
3. Fiscal-financial law – regulates the relations concerning the establishment, the approval and the execution of the state budget as well as taxes and other charges imposed by the state.
4. Criminal law – includes all the legal rules regulating the anti-social behaviors, namely, the crimes or criminals offences and the sanctions applied to the persons that will make them.
5. Civil procedure law – regulates the judicial activity, activity of justice performed by the judges in civil disputes and the execution of the judgments pronounced in such cases.
6. Criminal procedure law – contains all the legal rules regulating the proceedings writing criminal cases.

The private law includes the following branches of law:

1. The civil law – contains all the legal rules that regulate the patrimonial and non-patrimonial relations between natural and legal persons, between the professionals as well as the family relations deriving from marriage, adoption etc.
2. Labor and social security law – regulates the labor relations between employers and employees as well as the social relations of public law concerning the employee’s protection.

Business law contains all the legal rules that belong to different branches of public or private law, which are applicable within the business relations. Thus, business law regulates mainly the following legal relations, concerning the performance of economic activity:

1. Legal relations of public law established between state and public authorities on one hand and the participants to business relations on the other hand, concerning, for example, authorizations of functioning, taxes and other charges the citizens and crimes offences concerning economic activity.
2. Legal relations or arising from the performance of economic activities such as, for example, different types of contracts or juridical acts, the ownership rights and the goods, etc.

The legal rule (main element in the system of law)

Def. and features: Like moral/ religious rules, legal rules are also rules of social behavior. All social rules are compulsory, otherwise they could not be quantified as rules but as simple recommendations. However, the sanction for the non-observants of each category of social rules is different meaning that the sanction has the same nature as the rule to which it is attached.

Unlike all other social rules, the legal rule has a legal juridical sanction. It means that this sanction is applied within the framework of the society which is organized as a state and its application implies in all cases the intervention of the competent bodies of the state. As a consequence, the legal rules are different in relation to all the other categories of social rules because they may be applied and imposed to the powers of the state.