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Pagina 16 din 52
Funcţia de garanţie a contractului de factoring
Numărul 3 Anul 2021
The popularity of the factoring means that the atypical contract can no longer be called just a marginal financial service, but a significant element of the short-term financing instruments.It can be compared to several types of regulated contracts or can be considered as related legal institution: sale, lending, forfeting, but first of all, it’s separation from the debt assignment agreements is the most relevant.The factoring cont...
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Consideraţii practice și teoretice privind recunoașterea unor hotărâri judecătorești pronunţate de o instanţă a unui stat membru al Uniunii Europene
The study aims to address an issue that is specifi cally related to the Romanian private international law, being borderline regulated by EU law regarding de jure recognition of judgements passed in another member state, and also the issue of acknowledging by means of a judicial procedure the inexistence of a case for the refusal to recognise such a judgement. To this end, the study offers possible remedies for the Romanian national judge to ...
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Este viitorul dreptului internaţional transnaţional? Două ipoteze comerciale
Numărul 3 Anul 2021
We have been taught to assess international law as being the exclusive ’product’ of the nation-States. In the 21st century, international law became the ‘product’ of the private actors also. At least in the area of commercial life, the concept of ‘transnational law’ encourages such private actors to issue specific rules applicable beyond and not between the territories of the nations-States. The idea of legal pluralism nourishes the identity ...
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Răspunderea juridică a inteligenţei artificiale în materia comerţului electronic
Numărul 3 Anul 2021
We speak of Artificial Intelligence with reference to the ability of a machine to reproduce typically human intellectual functions. In this particular field, enormous progress has been made in recent years, leading to the creation of more and more human-like-machine. This circumstances is not without legal consequences: how to behave in the event that an action of a machine equipped with Artificial Intelligence leads to the occurrence of a cri...
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Dreptul de a petiţiona vs. abuzul de drept și frauda la lege în era digitalizării
Numărul 3 Anul 2021
This article focuses on the right to petition. The paper also analyses the limits of the petitioner’s rights, as well as the legal procedures that must be followed when citizens are acting in order to solve a personal issue related to public authorities.The public authorities have to adapt their internal procedures to the new challenges imposed by the technology, so that the relationship “citizen-public authority” become a win-win colla...
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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up” (II)
Numărul 2 Anul 2021
If eloquence is the nucleus around which revolve all the other elements of oratory before the court, the judicial oratory would not be complete without the presence and the abstinence of the litigant. Knowing how to present yourself and knowing the right time to censor yourself are qualities that shape the portrait of a successful speaker. ...
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Finanţarea participativă, multifinanţarea sau crowdfunding. Arhitectura juridică
Numărul 2 Anul 2021
In the midst of the technological revolution, the financing of various projects could not be eluded by the phenomenon of digitalization. The general ease of accessing the Internet and social networks has reshaped an old method of funding, based on funds obtained from the general public. Nowadays, crowdfunding developed through online platforms is experiencing an exponential growth, whether the beneficiaries are natural persons, cultural-artist...
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Relevanţa elementului subiectiv în ipoteza abuzului de drept
Numărul 2 Anul 2021
It is well-known that, in principle, no person entitled to a civil subjective right can be held liable for the damage caused by exercising that particular right. However, the principle of good faith and the obligation which is the result of it requires that the exercise of any civil subjective right respects its rigor. On the one hand, this means that the civil subjective right must be exercised for the purpose that has been recognized by law a...
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Protecţia datelor cu caracter personal în cadrul reţelei de franciză. Natura raporturilor dintre francizor şi francizaţi: operatori asociaţi
Numărul 2 Anul 2021
The relationship between the franchisor and the franchisees of his network is complex and must be regulated contractually also with regard to the obligations related to the processing of personal data. Due to the way the franchise is regulated, the relationship between the franchisor and the franchisee will always be of associated operators. ...
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Destinul transnaţional al unei doctrine: forum non conveniens
Numărul 2 Anul 2021
The interplay between the concept of jurisdiction and forum non conveniens theory is more or less stormy. At least in the European Union, such interplay ismanaged in favour of actor sequitur forum rei doctrine. This paper retraces thetransnational fate of forum non conveniens doctrine. As the European Union intends to be and to remain a global player, it cannot neglect anymore, at least in the its so-cal...
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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up”
Numărul 1 Anul 2021
In the age of the IT revolution, knowing is no longer enough. The essential premise of performance is the application of information (know how). The skills needed by legal professionals are no exception, and judicial oratory is the most important form of exposing and capitalizing on information. Eloquence is the nucleus around which revolve all the other elements of oratory before the court.
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Măsuri adoptate la nivel european de flexibilizare a reglementărilor bancare în vederea susţinerii continuităţii activităţii antreprenorilor
Given that, amid the restrictive measures imposed by the pandemic coronavirus, economic activities are affected by the bottlenecks created, the European Commission has intervened through a series of measures to streamline the functioning of banking systems so that they can provide the necessary funding for sustaining business continuity and for consumer survival.To this end, the European Commission has adopted a Banking Package to help
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Dreptul transnaţional și comerţul: posibilă introducere
Numărul 1 Anul 2021
‘Transnational law and trade’ is one of the legal topics which are worth to be debated all over the world. In my paper I suggest some ways of addressing the present and future transnational situations. Past transnational situations may provide a methodological help in this respect.
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Utilizarea cookie-urilor în lumina legislaţiei privind protecţia datelor cu caracter personal
Numărul 1 Anul 2021
Cookies have become an almost constant presence in the online environment. In such context, site operators need to pay particular attention to the use of such technology, especially from the perspective of the legislation concerning personal data protection in the electronic environment. This text aims at summarising the general legal requirements applicable to the use of cookies and to draw attention, without envisaging to comprehensively dea...
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Consimţământul – un cameleon între temeiurile prelucrării datelor cu caracter personal
Numărul 1 Anul 2021
The specific legislation on the protection of personal data provides operators with six grounds on which they can collect and process such data, and choosing the most appropriate one for each situation is not always an easy task. One of the six legal grounds is the consent of the data subject, and the manner in which it is regulated and private law habits could create the impression that consent is the „king” of the grounds for the processing...
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Pagina 16 din 52