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Pagina 32 din 54
Drepturile patrimoniale ale artistului. Dreptul de utilizare (I)
Numărul 2 Anul 2017
This study, part of a broader project aiming to analyze the content of the rights of the artists and their status, render an overview of the patrimonial rights of the Romanian artists: the use right and the resale right. Keywords:
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Interpretarea şi aplicarea dreptului Uniunii Europene de către Curtea de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României
The interpretation and application of the European Union law, including the caselaw of the Court of Justice of the European Union, by the arbitral tribunals is a subject which is little approached. This is due on the one hand as a result of the confidentiality of the arbitration awards and on the other hand to the specificity of the legal order of the European Union and of the International commercial arbitration. This article aims to illustra...
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Regăsirea echilibrului pierdut: deziderat comun al reglementărilor din materia clauzelor abuzive în contractele de credit bancar și a legii dării în plată
Numărul 2 Anul 2017
The ability to identify correctly the position of datio in solutum law on all relevant issues within the current legislation determines the ability to comprehend the manner in which this legislative act represents a follow-up of legislative effort to ensure a balance of contract between consumers and professionals. In this paper we will present the manner in which the so called passing of the torch occurs between Law No. 193/2000 and
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Câteva considerente cu privire la regresul asigurătorului în cazul asigurării obligatorii de răspundere civilă auto în reglementarea Ordonanţei de urgenţă a Guvernului României nr. 54/2016 privind asigurarea obligatorie de răspundere civilă auto
Numărul 2 Anul 2017
By Emergency Ordinance of the Romanian Government no. 54/2016 regarding automobile liability insurance for damages caused to third parties by vehicle and tram accidents, which abrogates Law no. 136/1995 regarding insurance and reinsurance in Romania, the possibility that the payment of damages is being done directly by the own RCA insurer of the injured party, by way of direct compensation method, as well as the possibility of the policy hold...
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Fiducia. Părţile şi caracterele contractului de fiducie
Numărul 2 Anul 2017
Certain discussions related to the parties of the trust, but also to the fiduciary transaction have been carried out in previous articles. In the present study only particular aspects are to be highlighted. Also, considerations regarding the character of the trust will be presented as it results from the novelty conception of the Romanian legislator.
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Aporturile sociale – partea a II-a
Numărul 2 Anul 2017
This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This second part analyses: in-kind contributions; general aspects; utility of the contributed assets and partial payment of the shares; different in-kind contributions; contribution of a property quota; mixt contribution (part of the asset contributed and another part sold); contribution of shares; contribution of the spouses common assets; c...
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Drepturile morale ale artistului.
Perspectiva jurisprudențială
Numărul 1 Anul 2017
This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.
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Doctrina grupului de societăţi în arbitrajul comercial internaţional. Evoluţii, controverse şi tendinţe în dreptul comparat şi în dreptul român
Numărul 1 Anul 2017
As it has been frequently said – perhaps oversimplifying –, international commercial arbitration is a consensual procedure, meaning that only the parties to an arbitration agreement can participate in the proceeding based on it. But who are, exactly, those parties?It is already commonplace that the effects of an arbitration clause can benefit, or bind, other entities than the formal signatories of the contract containing that clause. On...
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Interfaţa arbitraj comercial – insolvenţă. Elemente de ordine publică în practica arbitrală europeană şi naţională
Numărul 1 Anul 2017
This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...
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Delimitarea fiduciei de alte contracte sau operațiuni juridice
Numărul 1 Anul 2017
Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provision in...
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Aporturile sociale (partea I)
Numărul 1 Anul 2017
This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This first part analyses: the notion of contribution; subscription and payment of the shares; legal characteristics and types of subscription; aspects of private international law; default of payment of the shares subscribed; suspension of the exercise of the shareholders’ rights; damages and late payment; foreclosure of the default sharehol...
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Distanţarea publică în dreptul concurenţei – noţiune, domeniu de aplicare, natură juridică și condiţii de procedură
Numărul 12 Anul 2016
„It should be borne in mind that it is suffi cient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participati...
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Răspunderea limitată și răspunderea nelimitată a asociaţilor. Pierderea beneficiului răspunderii limitate
Numărul 12 Anul 2016
Limited liability of the shareholders is a fundamental concept of the companies, considering that currently, quasi-unanimity of them, are registered as Joint Stock Companies (Corporations) or Limited Liability Company. Limited liability means that the only one that is liable for the corporate debts is the legal person, not its shareholders. Limited liability works as a veil against the personal liability of the shareholders. Thus, the maximum...
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Fiducia. Analiza definiţiei legale. Diferenţa specifică
Numărul 12 Anul 2016
This study is the part dedicated to the legal definition of the trust in the Romanian Civil Code. As we have seen, usually defining a concept shall be made by indicating the genus proximum (the reference piont, the closest in meaning to the notion that is defined) and specific difference differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum...
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Studiu de drept comparat privind insolvenţa persoanei fizice
Numărul 12 Anul 2016
The present study represents a doctrinal assessment of the Law no. 151/2015 on insolvency procedures applicable to individuals, which was adopted by quasi-unanimous vote in the Chamber of Deputies on May 20th, 2015. While concluding the comparative analysis in the context of the Romanian judicial system particularities, we express fears that the law will most likely miss the intended target, unless the le...
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Pagina 32 din 54