Arhiva
Pagina 25 din 51
Deosebiri între fiducie şi trust
Numărul 3 Anul 2018
Numărul 3 Anul 2018
Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the „crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.Hence the most ...
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Abuzul de poziţie dominantă
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Ownership by a company of a dominant position on the relevant market is not prohibited, as a result of the efficiency of the business carried out. A dominant position is sanctioned if it has been illicitly acquired or exploited abusively.Abuse of a dominant position is manifested when, by its behavior, a trading company influences the structure or degree of competition on that market by using manifestations, anti-competitive practices, ...
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Prezumţia de nevinovăţie în
dreptul concurenţei
Numărul 2 Anul 2018
dreptul concurenţei
Numărul 2 Anul 2018
This paper highlights a frequent error in the analysis, by the public authorities and by the courts, of the infringements of the competition rules provided by Romanian Competition Law 21/1996 and by the Treaty on the Functioning of the European Union. The error comes from the fact that, when assessing potential anticompetitive behaviours, especially since the ECHR decision in Menarini Diagnostics case (2011), the presumption of innoc...
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Asemănări între fi ducie şi trust
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Fiducia could not be treated without revealing the similarities it has with the institution of trust. The similarities between fiducia and trust are both evidence of the “linkage” of the two legal instruments and the extent of a potential simultaneous use of these contracts. Starting from the common object, the number and role of each of the fiducia and trust participants and the way the separation of fiduciary property assets and the types of...
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Natura juridică şi fundamentul acţiunii directe a beneficiarului sau posesorului cambiei împotriva acceptantului sau avalistului în contextul noului Cod civil
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The Direct action is a means of achieving claims specific to situations where there is no contractual relationship between the creditor and the debtor or the defendant of the direct action, but the creditor may take the action to see his claim paid.Direct action is a privilege assigned only to certain creditors expressly prescribed by law. Bold direct action is part of this narrow circle of direct payment actions, being regulated from th...
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Absenţa protecţiei dreptului de proprietate asupra instrumentelor financiare în dreptul român
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Without requiring any mandate from the owner of financial instruments, a financial services agent authorized to access the Central Depository’s computer system may transfer those titles from the individual account of the owner to any individual or global account.
Keywo...
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Acţiunea în anulare a hotărârii arbitrale în cazul caducităţii arbitrajului
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This article discusses one of the grounds for which the arbitral award may be set aside through the action for annulment, particularly the reason of rendering the award after the expiry of the term of the arbitration, although at least one of the parties has declared that it intends to avail itself of the lapse of the term of arbitration and the parties have not agreed to continuing the procedure. The article covers the requirements for admiss...
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Numirea arbitrului – pilon fundamental al procedurii. Observaţii privind noile Reguli de procedură arbitrală ale Curţii de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ și Industrie a României
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The study takes into account not only the legal rules regarding the appointment of the arbitrator, but also issues closely related to ethics and deontology. Comparative law elements are being taken into account with a special emphasis on the rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
...
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La compétition réglementaire pour sociétés et actionnaires dans l’Union européenne
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This article discusses regulatory competition for companies and shareholders in the European Union and concludes that it follows the American pattern. The article places an emphasis on the regulatory competition for listed companies.
Keywords:
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Obligaţia de loialitate a administratorilor în lumina noilor perspective europene
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This paper introduces a comparative approach of the fi duciary duty of loyalty in European jurisdictions and examines national regulations and jurisprudential understandings of this duty, which is imported from common law. We will pursue the evolution of interpretations in continental law and analyze recent European studies that extend the scope of loyalty to new areas such as personal data protection or efficient use of natural resources by c...
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The Protection of Intellectual Property Rights under International Investment Law. A Commentary on Bridgestone v Panama
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The protection of intellectual property rights under international investment law has already come under the scrutiny of arbitral tribunals, scholars and the wider civil society with the occasion of such high-profile disputes as Philip Morris and Eli Lilly. Nevertheless, it is only very recently that the first publicly known case in which the protection of intellectual property rights, specifically, trademarks and trademark licences, has been...
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Considerații privind dreptul de proprietate asupra însemnelor referitoare la ieromonahul Arsenie Boca
Numărul 1 Anul 2018
Numărul 1 Anul 2018
A company in England has registered trademarks at EU level brands with the names ”Boca Father” and ”The image of Arsenie Boca”. The right to exploit them in Romania was given to a trading company from Arad, who has summoned many entities not to use them without buying holograms. The police have left icons and souvenirs in this category and triggered criminal investigations for the unlawful use of a trademark.Registration was made in error...
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Unele considerații cu privire la obiectul cererii de suspendare a executării actului administrativ-fiscal în temeiul art. 14 şi art. 15 din Legea nr. 554/2004
Numărul 1 Anul 2018
Numărul 1 Anul 2018
In the present study we did not intend to carry out an exhaustive analysis of the object of the request to suspend the execution of a tax administrative document, respectively of the document issued by the fiscal body that can be the subject of such a claim.Our aim is to study judgments handed out under the New Fiscal Procedure Code where the courts were confronted with this legal issue and have analyzed if a document issued by the fisc...
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Dreptul de a fi ascultat și formele sale în procedura inspecției fiscale
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The article aims to provide a detailed analysis of procedural rights guaranteed by the legislator in favor of taxpayers at the stage of finalization of the tax inspection.These rights, being forms of the taxpayer’s right to be heard whenever the fiscal body is to take a decision on the taxpayer, are also the expression of the right to defense guaranteed by the very Constitution of Romania. Sometimes the legislator provided them as ex...
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Drept comercial sau dreptul afacerilor?
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The issue that we would like to deal with right from the beginning of this paper is the answer to the following question: if there are no traders, are there still trading companies? Is there a commercial law after the adoption of the new Civil Code?This debate is important, because, as we will see, until the new Civil Code was adopted, such distinction was the foundation of private law, namely the distinction between the civil law and the...
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Pagina 25 din 51
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