Arhiva
Pagina 1 din 48
Aurea mediocritas
Numărul 4 Anul 2024
The middle path is neither the fastest nor the most well-trodden. In modern times, are highly sought after the shortcuts and the most efficient means of achieving results with minimal effort. These aspirations are present in a multitude of fields and are also common among those striving to master the art of oratory. However, between the stage of a novice and that of a master lies a period of accumulation and practice, which, despite ...
Read More
În ce măsură exigenţele Directivei (UE) 2023/2225 garantează consumatorilor în contractele de credit de consum, drepturi adecvate erei digitalizării
Numărul 4 Anul 2024
Technological evolution has brought significant changes to the consumer credit market, both with reference to supply and demand, as well as innovative credit products, especially in the online environment, the evolution of consumer behaviour and preferences, with reference to cross-border credits. The new context generated legal uncertainty for consumers regarding the application of the provisions of Directive (EC) 2008/48, and therefore it wa...
Read More
Criterii de evaluare utilizate de Comisia Europeană în contextul calificării drept „ajutoare de stat” a plăţilor efectuate către o societate controlată de stat
Numărul 4 Anul 2024
State aid is considered an anti-competitive practice requiring legislative intervention and sanctioning according to Article 107 of the Treaty on the Functioning of the European Union. This paper details the exceptions and conditions under which state aid may be considered compatible with the internal market, as well as the role of national and European authorities in evaluating them.Within a case analysis, the authors explore Decision (...
Read More
Teritorialitate și extrateritorialitate – concepte de drept transnaţional
Numărul 4 Anul 2024
The concepts of „territoriality” and „extraterritoriality” are considered by scholars as being key-concepts of the transnational law. This article aims to point out how the relationship between the elements of this sui generis couple (territoriality and extraterritoriality, my note) works. The said couple and its way of functioning once were among the most debated issues in the area of international law and conflict of laws altogether, and the ...
Read More
Rezidenţa fiscală a persoanei fizice în contextul mobilităţii transnaţionale. Caz practic
Numărul 4 Anul 2024
The paper is based on a practical case and refers to the determination of the tax residence of individuals in situations of cross-border mobility. It is not a question of resolving a double/multiple residence conflict, but of establishing the state of residence for the purpose of determining the applicable double taxation convention, the rules for allocating the power to tax and the method of avoiding double taxation. Such situations are increa...
Read More
Falimentele societăţilor emitente de obligaţiuni și posibilitatea reversibilităţii lor
Numărul 4 Anul 2024
The paper analyze the case of two joint stock companies, issuers of bonds listed on the AERO market administered by the Bucharest Stock Exchange, which entered insolvency in the last two years, a period calculated by reference to this study. Given that this market is a public one, we underline that the companies issuing bonds listed on the Bucharest Stock Exchange, which requested the court to open the insolvency procedure, with the consequenc...
Read More
Contractul ca un cal troian sau cum să prelucrezi datele consumatorilor în interes de marketing cu toată dragostea
Numărul 4 Anul 2024
The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...
Read More
Prezumţia dobândirii licite a averii într-o societate democratică – o iluzie deșartă
Numărul 4 Anul 2024
The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...
Read More
Răspunderea administratorilor și contribuţia asociaţilor la datoriile societăţii în dreptul insolvenţei: o analiză comparativă a legislaţiei franceze și românești
Numărul 4 Anul 2024
According to common law, directors of (commercial) companies are liable to third parties only in exceptional circumstances. However, when difficulties arise for the company, and in particular when collective proceedings are opened against it, due to the significant risk that creditors will not be able to recover their claims, there is a form of „aggravated” liability. Other mechanisms even allow the liability of associates of the debtor to be...
Read More
De la obsolescenţă programată la inteligenţă umană declasată – the AI conquest
Numărul 4 Anul 2024
For now, artificial intelligence is bland, boring. But is it also harmful? The convenience of users, but also the sometimes unhealthy assertion of artificial intelligence tools leads us to conclude that from the obsolescence of goods to theobsolescence of the individual is only a step.
The recent Directive 825 of February 28, 2024 appears to oppose unfair commercial practices likely to mislead consumers, such as sustainable consump...
Read More
Clauzele abuzive fac imprescriptibilă contestaţia la executare
Numărul 4 Anul 2024
Entry into force of O. U. G. no. 58/2022 led, through an atypical technique of amending some norms of the Code of Civil Procedure, to the accreditation of an unusual solution in the enforcement legislation, but also in the procedurallegislation in general.There has appeared a type of enforcement appeal subject to the imprescriptibility period, which, both in relation to the traditionally established nature of the time limits for exe...
Read More
Spontaneitatea și gestionarea anxietăţii
Numărul 3 Anul 2024
Spontaneity is considered a quality of talented speakers. In reality, it can be an attribute of any speaker who understands that to act naturally, one must control anxiety – the restlessness and excessive worry that paralyze initiative. Effective anxiety management is essential to allow spontaneous expression and take advantage of opportunities. In this context, it is important to know the most important methods to break the chains of anxiety a...
Read More
Finanţarea structurilor sportive în România
Numărul 3 Anul 2024
A significant and intricate component of Romanian sports law involves financing the activity of sports structures. In Romania, an overwhelming majority of sports structures are funded from public sources. Whether we refer to public or private law sports structures, both have the capacity to benefit from public funds allocated by Romanian state through projects for non-profit activities of general interest, financing contracts, or subsidies, due...
Read More
Aplicaţiile de recunoaștere facială în context legal
Numărul 3 Anul 2024
This work presents a face detection application, which is governed by users, through an app. Each user can upload pictures of themselves in the app and then give consent for processing. The app will then train a computer vision AI model based on the inputs provided by the user. Once this process is finished, the user can request the app to search the internet for their face. Afterwards, the user can decide what should the system do in case of p...
Read More
Restrângerea nejustificată a dreptului de a fi reprezentat la înmatricularea autovehiculelor precum și perturbarea mediului concurenţial prin procedura prevăzută în Ordinul M.A.I. nr. 1501/2006
Numărul 3 Anul 2024
This study analyses the impact of unjustified restrictions on the right to be represented in the vehicle registration procedure and the disruption of the competitive environment through the procedures set out in Order of Ministry of Internal Affair no 1501/2006. By assessing the legislation and administrative practices in this area, we identify discrepancies between the rules imposed and the stated objectives of ensuring fairness and efficienc...
Read More
Pagina 1 din 48
© 2024 Wolters Kluwer