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„Noua economie” se bazează pe transparenţă
Numărul 4 Anul 2020
Numărul 4 Anul 2020
The financial system has a key role to play in transforming the economy into a more efficient and sustainable one, by reorienting private capital towards sustainable investment and encouraging more transparency. The consideration of sustainability factors in the decision-making process and investment advisory process can realise superior benefits. This can increase the resilience of the real economy and the stability of the financial system. T...
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Sarcinile de investigare ale notarului public în procedurile notariale
Numărul 4 Anul 2020
Numărul 4 Anul 2020
In the concern to define the acquittal behavior of the public notary – a provider of legal advice – the author insists on the prior obligation of investigation that the notary must fulfill before providing the required service; the rule is deduced from the general concept of legal guarantee that he (the notary) must offer; the rule is adapted accordingly to the procedures for authentication of sales and real estate mortgages; the task of verif...
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Stabilirea răspunderii pentru implicarea într-o înţelegere anticoncurenţială în sarcina unei întreprinderi care nu este activă pe piaţa afectată
Numărul 4 Anul 2020
Numărul 4 Anul 2020
The present study takes into account the recent case law of EU courts and the practice of the Commission and of the Romanian Competition Council with regards to the concepts of party to the agreement and „facilitator” of the agreement, by puting forward arguments in the sense that for the responsability of an undertaking for its involvement in an anticompetitive agreement to be established it is not neccessary for the said undertaking to be a...
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De la inovaţie doctrinară la normativitate transnaţională. Consideraţii asupra litigiului Bremen și alţii contra Zapata Off-Shore Co.
Numărul 4 Anul 2020
Numărul 4 Anul 2020
The Bremen and others v. Zapata Off-Shore Co. case could be contemplated as a purely foreign trade case and not as international trade one. This article focuses on the idea that foreign trade and international trade are two different areas.Their interplay, if any, amounts to another idea; that is to sustain that the Bremen and others v. Zapata Off-Shore Co. case can be regarded as a particular stance of the transnationa...
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Metoda votului cumulativ, în reglementarea actuală a dreptului român al pieţei de capital
Numărul 4 Anul 2020
Numărul 4 Anul 2020
This study is dedicated to the examination from a normative, theoretical and practical perspective, of the cumulative voting method, method for electing the members of the management and supervision bodies of joint stock companies whose securities are traded on regulated markets, method initially established by GEO no. 28/2002 on securities, financial investment services and regulated markets and by Law no. 297/2004 on the capital market (LPC...
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Fals tratat de autor
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing is easy. What’s actually difficult is to prepare for it. This preliminary stage consists, in fact, in reading. If you don’t have the time to read, you will not have the time – and more importantly, the tools – to write. One’s writing style is the reflection of one’s readings. The power of literature (legal, but especially non-legal) is slowly leaving its mark on us and, over time, stimulates us to write better.
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I learned that memorials and legal opinions must follow the logic of a rigorous syllogism: major premise – minor premise – conclusion. Plus the obsessive concern for systematisation, the attention to the forest before concern for trees, the right separation of levels and perspectives and, above all, the supreme rule: as many details in as few words.
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You never walk (run) alone!
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing can be like running. You must practice every day if you want to run a marathon; if you want to write well, you must read enormously. When you are writing, you should always consider the reader. If writing is like running, remember to run along with your reader!
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„(În dragoste) totul s-a cam scris/ Și de mână și de tipar”
Numărul 3 Anul 2020
Numărul 3 Anul 2020
„… I mostly rewrite. Unlike in high school or during law school, when it was a sacrilege to cut even a single word I had written, now I am merciless in eliminating pages, if they don’t fi t the message I wish to send. (I notice that the LLM students have the same problem: they do not wish to cut certain parts of their thesis if I suggest them to do so). I often replace words, phrases, paragraphs, pages.”
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Cum scriu?
Numărul 3 Anul 2020
Numărul 3 Anul 2020
I think I write when I have something to say. It is an impetus of anyone concerned with law, with the world, with the way world and times change, of anyone who intellectually pursue the truth and the good. My goal for the text is to let the truth shine, bring the light to dissipate the darkness, bring clarity where everything is obscure.
...
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Cum scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
Writing as a judge is a more recent activity for me. I am still during the period of reflection concerning many aspects of this profession, among which the clear, convincing and concise expression of the arguments on which a judgment is based represents a personal priority. I noted for a long time the opacity of many written documents in the judicial world, in Romania and elsewhere. I also noted the differences in style between various types o...
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Dacă în drept ar funcţiona stilul epistolar…
Numărul 3 Anul 2020
Numărul 3 Anul 2020
It is not the same if you draft an acquittal proposal in a fi le where parties have settled (…) or if you draft an indictment which refers to numerous facts, more authors, which advance various defences that you need to address. Equally, it is not the same to present the facts in an order to the investigation department (which is familiar with the file) to complete the prosecution file or in an indictment based on which the judge decides on h...
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Să (de)scriu
Numărul 3 Anul 2020
Numărul 3 Anul 2020
What is the image of an ideal article? I wrote here about article and not books because the article is like a short story. The precision and the consistency, the intelligence and the exuberance can be better seen in articles than in books. (…) The title must be so good that you make it into the searches in the data basis and search engines. It must be sophisticated also. How can you make it simple and sophisticated? By knowin...
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Scriem așa cum citim
Numărul 3 Anul 2020
Numărul 3 Anul 2020
When you manage to get closer different fields, the outcome is exponentially more valuable that bigot loyalty to a single style.
Keywords:
judge, judicial decision, case-law, review.
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