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Pagina 1 din 46
Identitatea și identificarea – elemente ale persuasiunii autentice
Numărul 2 Anul 2024
In the legal system, persuasion plays a central role in the success or failure of cases presented before the court. An attorney’s ability to convince the judge is not solely based on the presentation of solid legal arguments but also on a complex set of psychological and emotional factors. Among these, the identity and identification of judges with the attorneys’ arguments are essential. These elements contribute to creating a connection betwe...
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Procedura de insolvenţă pe bază de plan de rambursare a datoriilor
Numărul 2 Anul 2024
The definition of the administrative procedure sought to relieve the courts, by transferring to the insolvency commissions the role of mediator between the debtors and the creditors for the realization of a debt repayment plan through which most of the debts are covered or even in full but without accessories, in a reasonable period. ...
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Teoria facilităţilor esenţiale în dreptul european al concurenţei
Numărul 2 Anul 2024
The present paper analyses the essential facilities doctrine and its application in the decisions of the European Commission and the case-law of the European Court of Justice in cases of abuse of dominant position. More precisely, the paper seeks to explore the conditions in which a dominant undertaking may be obliged to share with its competitors access to certain goods, services or rights which the former holds under exclusivity and which ar...
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Deschiderea procedurii de insolvenţă faţă de pârât. Natura juridică a soluţiilor de suspendare și încetare prevăzute de art. 75 alin. (1) din Legea nr. 85/2014. Sistematizarea soluţiilor care pot fi pronunţate în primă instanţă, apel sau recurs în acţiunea în pretenţii de drept comun
Numărul 2 Anul 2024
My main goal writing this article was to organize the possible rulings in a regular civil claim procedure against an undertaking which became subject to an insolvency procedure. In order to achieve my goal, I analyzed the nature of the judgments of stay and closing imposed by art. 75 paragraph 1 from Law no. 85/2014.I concluded that both stay, and closing, are part of the same automatic stay international principle, and not two independe...
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Răspunderea membrilor organelor de administrare ale societăţii insolvente (Partea I – Răspunderea în procedura de drept comun)
Numărul 2 Anul 2024
Personal liability of the directors towards the creditors follows the liability of the legal person, the one that is damaged by the torts of the directors, so that it aims to reintegrate the corporate assets. The damage thus affects the legal person and only indirectly and implicitly the creditors, the latter being the recipients of the compensation only in the case of the judicial liquidation of the legal person.The personal liability c...
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Concizia
Numărul 1 Anul 2024
Concise expression is the prerogative of authority. Sentences are not only court decisions, but also maxims characterized by the expression of a truth through a lapidary linguistic formula. The fewer words we use, the greater their weight is or seems to be. Brevity is also a form of respect. The one who practices it prepares and collects the information, filters it and keeps only the essential ones. The difficult work is his, so that the recipi...
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Câteva repere privind Legea insolvenței persoanelor fizice și modalitatea ei de aplicare în România
Numărul 1 Anul 2024
Entered into force in 2018, the insolvency law of natural persons opened a necessary and useful way for honest consumers who have reached a state of insolvency. Keywords: natural persons, insolvency, traceable assets, disc...
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Lex sportiva – o introducere
Numărul 1 Anul 2024
Sports can not take place outside the law according to the latin quote „Ubi societas, ubi jus”. The difference between the sports law and other domains is that sports law attempted permanently to establish a autonomous system which encompasses rules, regulations and specialized sport jurisdictions. With all the attempts to achieve a greater autonomy, cannot function in a completely separate manner to the existing legal system...
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Noi modificări aduse procedurilor de evaluare a operațiunilor de concentrare economică prin Pachetul legislativ de modernizare 2023
Numărul 1 Anul 2024
Starting from 2014, the European Commission initiated public consultations aimed at modernizing the rules concerning the control of economic concentration operations, with the objective of achieving efficiency and speed in evaluation. At the same time, efforts were made to strengthen the relationship between European and national regulations. The assessment of the application of the substantive test in the procedure for analyzing economic conc...
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Soluții notariale în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural
Numărul 1 Anul 2024
The author, after emphasizing the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of historical monuments, law amended, adapted and noted some uninspired statements offered by the legislator and the effects of which are ascertained by public notaries when they perform their professional services, by issuing transferable ownership documents rel...
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Scurte considerații asupra scrisorii de confort
Numărul 1 Anul 2024
Through this article, the author aims to make a brief analysis of the provisions of the article 2322 of the New Civil Code regarding the comfort letter. The subject is approached both from a theoretical perspective and from a commercial practice perspective as this new legal instrument offers flexibility in creating its content and multiple practice opportunities. The text takes into account elements of international jurisprudence as well as th...
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Contractul transnațional – un concept evolutiv
Numărul 1 Anul 2024
The notion of „transnational contract” springs from contemporary transnational realities. A number of fields, for example, the field of financial services or the field of insurance and reinsurance services, respectively, provide fertile ground for the practice of transnational law itself. The undeniable transnational realities dilute the distinctions between „domestic contract” and „international contract” and prompt national courts to evaluat...
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(R)e-concepţii privind statutul celebrităţii și al drepturilor personalităţii
The present paper aims, in the context of the new business model of „monetization” of online attention, to open the discussion regarding the current status of rights traditionally associated with personality and private life, such as the right to name, image, voice or likeness. We have an advantageous starting point and, at the same time, a first legal argument in the conceptual model of the American right of publicity, representing the right ...
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Platformele digitale – o nouă arhitectură a întreprinderii (II)
Numărul 6 Anul 2023
Viewed from the perspective of an enterprise, digital platforms reinterpret elements found in a traditional company. This change is driven by the presence of network effects that provide connectivity between platform users, thus generating value for participants. At the same time, through network effects users are included in the ecosystem managed by the platform.Although differences can be identified depending on the specific category o...
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Ghostwriting-ul în contextul transformării digitale globale
The practice of „ghostwriting” involves an author of a literary, artistic, or scientific work agreeing to give credit for his/her creation to another person in exchange for payment, with the result that his/her work is published under the latter’s name. Ghostwriting is increasingly used in various fields, becoming an effective solution for those in need (of a „writer”) and a profession or even an entrepreneurial endeavor for ...
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Pagina 1 din 46