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Pagina 21 din 51
Considerații asupra regresului dintre asigurătorii RCA în cadrul mecanismului decontării directe
Numărul 2 Anul 2020
Numărul 2 Anul 2020
In the context of the compulsory insurances against civil liability for the damages caused to third parties by vehicle and tram accidents (RCA), the direct compensation service represents an alternative method available to the injured person for obtaining the payment of the damage, involving the assessment of the damage claim by the injured person’s own RCA insurer and a subsequent settlement between this insurer and the RCA insurer of the pe...
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Notă cu privire la modificările aduse în regimul juridic al francizei în anul 2019 sau „Dușmanul binelui – mai binele”
Numărul 2 Anul 2020
Numărul 2 Anul 2020
Towards the end of 2019, certain amendments have been brought to the regulation of franchising in Romania. Without representing a paradigm change – otherwise impossible, considering the European franchising regulation, as an exception from the restrictions set out by the competition legislation (although softened throughout the years) – the changes must be taken into account. Setting out certain obligations which did not exist, or existed in u...
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Natura juridică și validitatea contractului futures cu preț negativ
Numărul 2 Anul 2020
Numărul 2 Anul 2020
The article represents an analysis of the legal nature and validity of the futures contract with negative price, where the seller pays a sum of money to the acquirer, as well as of the particularities and legal regime of this type of contract. The starting point of the analysis was the fall of the oil price below zero dollars per barrel on the US futures market, for the first time in history. This decrease was caused by the imminence of high s...
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Utilitatea mijloacelor de probă digitale în stabilirea adevărului judiciar
Numărul 1 Anul 2020
Numărul 1 Anul 2020
As the current society increasingly relies on digital means in the conduct of social relations, the need to proove them before a court can impose new tasks on the judge in exercising his active role in establishing the judicial truth. The paper shall seek to identify a set of good practices in the management of digital evidence to ensure that the rights of the parties are respected while at the same time determining the extent of the rights su...
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Natura juridică și fundamentul acțiunii directe a utilizatorului din contractul de leasing împotriva furnizorului bunului în contextul O.G. nr. 51/1997 și al noului Cod civil
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The lease is one of the most important and frequent legal operations that we find in the Romanian trade. However, the legislature did not consider it necessary to establish this legal operation within the contracts regulated by the new Civil Code.The direct action of the user is expressly regulated by art. 12 of O.G. 51/1997, but, unfortunately, we find only a few doctrinal points regarding this legal mechanism.In this re...
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Frauda în materia TVA: conturarea unor elemente obiective care permit dovedirea vinovăției
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The present study aims to identify in the practice of the courts a series of objective elements in committing VAT fraud, which have relevance on proving guilt, a condition of fiscal liability. Starting from the jurisprudence of the Court of Justice of the European Union, we will approach the „test of knowledge” by the economic agent of the involvement of his operation in a tax fraud from the perspective of domestic law. The „knew or shoul...
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Soluționarea conflictelor de legi din acțiunile în răspundere pentru produse defectuoase
Numărul 1 Anul 2020
Numărul 1 Anul 2020
Given the constant growth of international commerce, by concluding commercial relations by professionals, as well as nonprofessionals, it is highly important for the legislation to keep up with the market evolution, with the undeniable realities of living in a society that is geared towards consumption and internationalization and that is governed by technological advancements.National legislations, as well as international legislations ...
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Protecția drepturilor
consumatorului european
Numărul 1 Anul 2020
consumatorului european
Numărul 1 Anul 2020
The single market offers European consumers direct and indirect benefits, rights and opportunities, various options and competitive prices, under quality and competitive conditions, safety for products and services circulating within the European Union.Consumer protection policy is now an integral part of the Union’s strategic objective of improving the quality of life for all its citizens. In addition to the direct actions aimed at prot...
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Teoria generală a dezmembrării proprietății private. Considerații asupra posesiei și protecției juridice a dezmembrămintelor proprietății private
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The present study is a continuation of the presentation of some key aspects about the general theory of property dismemberment, started by us through this publication. Without intending to be exhaustive, we tried to analyze the features of exercising the dismemberments of private property highlighted by the specifics of possession of these rights, but also of their defense. The concepts of opposability or task constitute the vein that substant...
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Reprezentarea unei persoane fizice de o societate cu răspundere limitată. Implicații în dreptul procesual civil (practică judiciară comentată)
Numărul 1 Anul 2020
Numărul 1 Anul 2020
The power of representation granted by a natural person to a legal person produces specific consequences in terms of substantive law. In civil procedural law, however, it is subject to significant limitations, given the strict rules provided by the Code of Civil Procedure. In the absence of a judgment pronounced by the High Court of Cassation and Justice in this matter, we deem that the limits of the representation of a legal person by another...
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Preluarea ostilă
Numărul 1 Anul 2020
Numărul 1 Anul 2020
Hostile takeover is the takeover public offer made despite the opposition of the management of a company. The reasons for the hostility are, in general, the fear of the management of the target company that will be replaced after taking over.The hostility is expressed, formally, by recommending the management of thetarget company made to its shareholders to accept or not the takeover offer of the acquirer. The best solution to avoi...
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Teoria dezmembrării dreptului de proprietate privată. Teze și antiteze
Numărul 6 Anul 2019
Numărul 6 Anul 2019
We set out to analyze a theory according to which the real (in rem) right over another person’s property is placed within the content of a real relationship, a relationship in which the subjects cannot be totally independent, in which there may exist – concomitantly – a right with erga omnes opposability, but also a special passive conduct, assumed, of the owner, as soon as they understood to constitute, in favour of another, a real ...
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Tratamentul sechestrului penal asigurător instituit în scopul recuperării creanțelor bugetare în procedura insolvenței
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The present paper aims to analyse the effects that the criminal precautionary seizure may have on the assets of the debtor who is in insolvency or bankruptcy procedure and to highlight the special, derogatory nature of the insolvency legislation’ provisions as compared to those of the criminal law regarding the recovery of the debtor’s assets.
...
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Adunările Generale ale Asociaților (AGA) – quo vadis?
Numărul 6 Anul 2019
Numărul 6 Anul 2019
This article contains, broadly speaking, the author’s support in several scientific conferences and lectures held during continuous training courses having as a center of interest the General Meetings of the Associates/Shareholders and the Creditors’ Meetings in the insolvency proceedings. In Part 1 of this article we will address a theme sustained at the Conference „Business Law. Current Challenges”, organized under the aegis of t...
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Un an cu executări silite individuale în procedura colectivă de insolvență. Aspecte jurisprudențiale
Numărul 6 Anul 2019
Numărul 6 Anul 2019
The amendments to the Insolvency Law brought by GEO 88/2018 destabilized this field and affected the very reason of the insolvency procedure transforming it from a purely collective procedure, into a procedure that allows the individual recovery of the receivables of the tax creditors through individual enforcements.The wave of enforcements initiated under this ordinance has entailed a series of practical problems and questions left una...
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Pagina 21 din 51
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