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(R)e-concepţii privind statutul celebrităţii și al drepturilor personalităţii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
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
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
Numărul 6 Anul 2023
Numărul 6 Anul 2023
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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Cum să te faci ascultat
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The main challenge of any public speaker is to capture the audience’s attention. Listening to the speaker means both the audience’s commitment to the full reception of the message and the encouragement of the speaker, who thus receives the certainty of reaching his set goal. Naturally, all of this presupposes certain efforts on the part of the speaker, who must understand the difference between hearing and listening, the force of silence, the ...
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Probleme ale valorificării ipotecilor pe bunuri mobile (stocuri și creanţe) în procedura insolvenţei
Numărul 6 Anul 2023
Numărul 6 Anul 2023
During the insolvency proceedings, some security interests display features that are not specific to their usual functioning under the law of obligations. The foremost cause of this deviation is that the insolvency proceedings are not enforcement proceedings, ipso facto. Whenever the continuation of the debtor’s business as usual is deemed to be valuable, especially before or during the reorganization proceedings, many of the security ...
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Situaţia finanţării societăţilor aflate în dificultate
Numărul 6 Anul 2023
Numărul 6 Anul 2023
Through this article, the author aim to highlight the impact of a new european legislation, the Proposal for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions, and the consequences on the romanian provisions regarding supplier credit. The debate on this subject is delicate because, according to a Study of the Romanian National Bank, in Romania, the supplier credit is very common for...
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Consecinţe ale principiului interesului superior al copilului asupra monitorizării și supravegherii cu mijloace electronice ale acestora
Numărul 6 Anul 2023
Numărul 6 Anul 2023
One of the subjects that are specifically protected by the General Data Protection Regulation is the child. The GDPR requires specific protection for children, their data and specific risks to their rights and freedoms. However, one of the most important actions to limit their privacy, carried out in a systemic and global manner with the emergence of technology, is their electronic monitoring and surveillance by parents or those exercising gu...
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Contractele de administrare a coproprietăţii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The condominium management agreement is a newly introduced institution in the Romanian Civil Code, which allows for the carving out and rearrangement of the operating principles of a shares-based ownership. Starting from a functional analysis of indivision, the paper aims to explore the uncharted and little-researched terrain of the condominium management contract, establishing theoretical foundations and offering practical solutions.
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Examen de practică judiciară privind scrisoarea de garanţie bancară
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The study attempts to define the nature and character of a common law legal transplant in the New Romanian Civil Code – the bank guarantee letter as well as the dilemmas faced by the courts in the judicial practice created by this independent guarantee.
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Acţiunea pauliană, faţă în faţă cu procedura insolvenţei: urmărirea bunului înstrăinat prin actul desfiinţat ca urmare a admiterii acţiunii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The new Civil Code did not limit to a terminological qualification of the claim that art. 975 of the Civil Code of 1864 recognized it to creditors prejudiced by „devious acts done by the debtor to the detriment of their rights”.The revocation action, because this was the qualification, is not immune to criticism in any case, the action made available to unsecured creditors, was outlined, at the level of primary legislation, a promising l...
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Conflictul diagonal de legi – un conflict de conflicte de legi
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The public law character of the concept of conflict of laws encourages us to contemplate, even in a preliminary way, the manner in which the said concept is evolving within the European Union and – why not? – beyond. This time, the Courage case – a particular competition law dispute decided by the European Court of Justice – provides the opportunity to identify the so-called „diagonal conflict of laws” within the European Union and t...
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Drepturile asociatului minoritar într-o societate cu răspundere limitată
Numărul 6 Anul 2023
Numărul 6 Anul 2023
As mixed companies, limited liability partnerships were designed to operate on the principle of unanimity in adopting decisions in the general assembly of partners.It gave the minority partner the right of veto, that means the right to oppose any major decisions, subsumed under the broad concept of „amendments of the articles of association”. This principle was abandoned first in fact, through the practice of the trade registry and then ...
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Dovada socială și rolul ei în sfera judiciară
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Being convinced does not mean defeating your criticism, reason and free will. Being convinced does not mean giving in to the insistence of the one who wants to be convincing. To be convinced means, simply, to find bridges between the thesis proposed to you and two types of interests – the personal and the general ones. The principle of social proof, theorized and popularized by Professor Robert Cialdini, explains why these bridges exist and ho...
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Termenul de prescripție pentru executarea unei hotărâri de angajare a răspunderii solidare potrivit dispozițiilor Legii nr. 85/2014 atunci când pasivul debitorului include și datorii bugetare
Numărul 5 Anul 2023
Numărul 5 Anul 2023
In this article we are going to analyze the premises that were the basis of the referral to the High Court of Cassation and Justice in the procedure regulated by art. 519 et seq. C. pr. civ., regarding the issue of the applicable legal regime, in particular of the prescription for the execution of a budgetary claim established by a court decision pronounced in the joint liability procedure provided for by law no. 85/2014 on insolvency preventi...
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Platformele digitale – o nouă arhitectură a întreprinderii (I)
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Digital platforms are innovative structures that create challenges for many areas of incidence, with business law being particularly targeted. Their massive presence in most business sectors puts us in a race against time to understand them, in the hope of being able to perceive the changes they bring about. The question we ask with our two‑part study is to what extent they illustrate a new enterprise architecture.In order to address thi...
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