Arhiva
Pagina 1 din 50
Reguli generale pentru scrieri judiciare aplicate
Numărul 2 Anul 2025
Legal writing is one of the main methods of conveying information and persuasion.Beyond legal norms, the unwritten rules of drafting professional documents play a significant role in achieving the desired success. They are the professional’s business card and the vehicle through which solutions are proposed to address the substance of legal issues. If unknown or ignored, they will silently work against the writer who proceeds out of mere...
Read More
Rolul instanţelor naţionale în controlul ajutoarelor de stat: reflecţii pe marginea Cauzei C-349/17 – Eesti Pagar
Numărul 2 Anul 2025
The paper at hand analyzes Case C-349/17 – Eesti Pagar as a landmark decision in the development of the Court of Justice of the European Union’s case law on the decentralized enforcement of State aid rules. Through this judgment, the CJEU reaffirmed the essential institutional role of national courts in ensuring compliance with Article 108(3) TFEU, highlighting their duty to assess ex officio the legality of public support measures, t...
Read More
Completarea ordinii de zi a unei ședinţe a adunării generale a acţionarilor printr-un act administrativ individual emis de către Autoritatea de Supraveghere Financiară
Numărul 2 Anul 2025
The agenda of a meeting of the general shareholders meeting may be completed at the request of the entitled shareholders or at the request of the Financial Supervisory Authority. The request for completing the agenda of a meeting of the general meeting of the shareholders by the Financial Supervisory Authority can be done in compliance with the terms and procedure stipulated by the primary and secondary legal provisions.The protection of ...
Read More
Aspecte teoretico-practice ale controlului în domeniul gestionării deșeurilor în Republica Moldova
Numărul 2 Anul 2025
The article analyzes the theoretical and practical aspects of control in the field of waste management in the Republic of Moldova, highlighting the lack of a distinct regulatory framework that explicitly governs the procedures, competences, and control mechanisms. Although Law No. 131/2012 of the Republic of Moldova on state control is currently applied in this area, the author points out that it does not adequately address the specificities of...
Read More
Particularităţile procedurii judiciare de efectuare a unei expertize de gestiune
Numărul 2 Anul 2025
The present article aims to highlight two issues specific to judicial management expertise, i.e. the characteristics of the objectives to the expert’s report and the specifics of the trial procedure.The article starts with the concept of “management judicial expertise” and the role of the court-appointed expert.It then analyzes the characteristics that the objectives of the expert’s report must meet in relation to the specifics of...
Read More
Partener sau angajat. Este posibilă recalificarea șoferilor de ride-sharing?
Numărul 2 Anul 2025
The legal status of workers on digital work platforms is becoming an increasingly pressing issue amid the rapid spread of these businesses. In theory, ride-sharing drivers are considered self-employed, but in practice they lack the freedom usually associated with this status. Based on the control exercised by the platforms, the Directive on improved working conditions in platform work establishes a legal presumption of an employment relationsh...
Read More
Conflictul de legi în materia contractului individual de muncă – perspectiva Uniunii Europene (Partea a II-a)
Numărul 2 Anul 2025
Part II of this article analyses how art. 8 of the Rome I Regulation actually works.The application of the lex loci laboris, of the principle of contractual freedom and of the requirement of worker protection reveals not only the formula of combining libertarian and non-libertarian approaches, but also the background idea that such approaches display in order to ensure the predictability of identifying the law applicable to cont...
Read More
Modificări recente ale comunicării Comisiei privind aplicarea art. 102 TFUE la practicile abuzive de afaceri
Numărul 1 Anul 2025
The article analyzes the recent changes introduced by the European Commission to the Guidelines regarding the application of Article 82 of the EC Treaty (now article 102 TFEU) on abusive exclusionary practices by dominant companies. It emphasizes the essential role of competition rules in protecting the internal market, especially during periods of economic difficulty and market concentration.The author reviews specific changes, includi...
Read More
Le roi ne peut mal faire: Răspunderea civilă delictuală a autorităţilor publice
Numărul 1 Anul 2025
The liability of the administration for wrongful acts against citizens is a general principle of law consolidated in the XXth century. However, in Romania, the authors observed that the interplay between administrative law and the generaltort rules under the Civil Code may lead to situations where an authority cannot be required to pay damages even if it committed a wrongful act. In this article the authors put forward that there is a ge...
Read More
Conflictul de legi în materia contractului individual de muncă – perspectiva Uniunii Europene (Partea I)
Numărul 1 Anul 2025
The present research paper aims to evaluate the conceptual struggle between 2 (two) schools of thought – the libertarian school of thought, on the one hand, the welfare State school of thought, on the other hand – in light of the choice of law applicable to the individual employment contract. For the purposes of writing this paper, we have taken the liberty of initiating a journey along the quasi-federal system of the European Union, including...
Read More
Răspunderea membrilor organelor de administrare ale societăţii insolvabile și insolvente (Partea a II-a – Răspunderea în procedura fiscală)
Numărul 1 Anul 2025
Personal liability of the members of the administrative bodies to the taxpayer of the managed legal person is a liability of guarantee which allows a direct action against these persons, which exclusively benefits the tax creditor, that violates the rules of equality and equity between creditors, whether they are privileged. Personal liability under the tax procedure is the liability of the directors, whether legal or factual, and not to othe...
Read More
Formalism și libertateîn materie de convenţii de arbitraj
Numărul 6 Anul 2024
Arbitration is quintessentially a product of party autonomy, the arbitration agreements reflecting the parties’ willingness to use this method to solve their disputes. For their validity, the legislation imposes not only substantial requirements (such as those related to the full capacity of the parties, to the free and untainted consent or compliance with the limits of arbitrability), but also formal requirements. More precisely, the arbitrat...
Read More
În siajul unui RIL sau o abordare critică a Deciziei Î.C.C.J. (complet RIL) nr. 14/2024…
Numărul 6 Anul 2024
Hight Court of Cassation and Justice (Î.C.C.J.) addressed Faculty of Law of UBB in Cluj-Napoca with the request to rule, through a written opinion of its insolvency specialists, on the legal issues subject to resolution in File no. 1174/1/2024 of the Î.C.C.J., having as its object the referral in the interest of the law regarding “In the interpretation and uniform application of the provisions of art. 57 para. (3) from Law no. 85/2014, the prer...
Read More
Controlul de legalitate efectuat de registratorul de registrul comerţului cu privire la exercitarea dreptului potestativ prevăzut de art. 349 alin. (3) C. civ. într-o societate cu răspundere limitată
Numărul 6 Anul 2024
The practical implementation of a legal provision may prove to be a complex and intricate endeavor, where each step gives rise to a new question or, at the very least, fosters the notion of an advantage conferred by serene convenience in the face of the inherent challenges posed by the novelty of a legal situation. This is also the case of the right granted by the legislator to the non-associate spouse under the provisions of article 349 para...
Read More
Limitările strategiei „win-win”în contextele judiciare
Numărul 6 Anul 2024
Although it has an established place in the world of negotiation and persuasion, the „win-win” strategy has certain limitations. Those in search of easy results exploit them through manipulation, presenting the compromise as the mandatory component of winning. In reality, successful negotiations involve much more than mutual waivers, and a relationship based on concessions of autonomy is empty of meaning from the start.
Read More
Pagina 1 din 50
© 2025 Wolters Kluwer