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The Principle Of Non-Retroactivity Of Civil Law - Deviations Identified In The Matter Of Tax Legislation

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  • Cristina-Simona Capatina (Dumitrache)

    (Faculty of Finance and Banking (FABBV))

Abstract

This article aims to examine the effects of the principle of non-retroactivity of law. While the first section deals with the principle of non-retroactivity of the law in terms of Romanian civil law, the next section presents cases of compliance, but also several cases of violation/breach of the principle enunciated, identified in the tax matter. By researching the date when legal acts or deeds are concluded or, as the case may be, committed or produced, in relation to the effects of the new law over them, we are submitting to a non-retroactivity test some texts from tax laws governing the obligation of the taxpayers to pay tax on profit when no longer meet the conditions to be micro-enterprises, obligation of the individuals without revenue to pay social health insurance contributions, the obligations of the persons carrying out transactions with related parties to draw up transfer pricing file. The effect of the facta pendentia situation is presented and analyzed on a specific case of transfer pricing, which may be misinterpreted as a breach of the principle of non-retroactivity of the law. Precisely for this reason the conclusions present utility both for law theorists and practitioners.

Suggested Citation

  • Cristina-Simona Capatina (Dumitrache), 2016. "The Principle Of Non-Retroactivity Of Civil Law - Deviations Identified In The Matter Of Tax Legislation," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 5(1), pages 54-60, November.
    • Handle: RePEc:sja:journl:v:5:y:2016:i:1:p:54-60
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    More about this item

    Keywords

    principle of non-retroactivity of law; facta pendentia; fiscal legislation; transfer pricing; tax law.;
    All these keywords.

    JEL classification:

    • K34 - Law and Economics - - Other Substantive Areas of Law - - - Tax Law

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