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Pagina 36 din 51
Introducerea forţată în cauză, din oficiu, a unor terţi. Aspecte practice
Numărul 7 Anul 2015
Numărul 7 Anul 2015
The compulsory introduction in the lawsuit of third parties ex officio is indispensable in creating a reliable procedural law system. Therefore, it can be deffinitely asserted that this institution started taking shape long before the NCPC came into effect, back in 2013, although it was this event the one that made it generally recognized as an institution.In spite of the absence of an express and abstract legal regulation, thro...
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Contractele de leasing conform Legii nr. 85/2014 – probleme teoretice şi practice
Numărul 7 Anul 2015
Numărul 7 Anul 2015
The absence of express provisions in the Insolvency Law no. 85/2006 generated contradictory jurisprudence when applying both leasing agreements legislation and insolvency law. As of June 2014, the new Insolvency Law no. 85/2014 has modified the regime of financial leasing agreements in insolvency proceedings. The new law contains express provisions regarding: on going leasing agreements, contract termination and registration of receivables re...
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Reorganizarea persoanei juridice în viziunea Noului Cod civil
Numărul 7 Anul 2015
Numărul 7 Anul 2015
This article’s purpose is to perform a comparative analysis between the procedure of restructuring the legal persons as set by the old regulations before the new Civil Code, and the present procedure set by the latter – with the aim to identify and observe the common elements, as well as the particulars of the new regulation.The author also related to the provisions of some special regulations, in particular of Companies Law no. 31/...
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Profesionistul, un reper al dăinuirii materiei comerciale în cadrul dreptului privat unitar
Numărul 7 Anul 2015
Numărul 7 Anul 2015
This paper is addressing the implications of Romanian lawmaker’s choice timplement, in the New Civil Code, a new legal concept, the “professional”, term that encompasses the categories of traders, entrepreneurs and other persons that exercise economic or professional activities.
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Categoriile de debitori cărora nu li se permite accesul la procedurile prevăzute în Legea nr. 151/2015
Numărul 7 Anul 2015
Numărul 7 Anul 2015
Law no. 151/2015 aims to protect only the vast majority of debtors – honest, but unlucky – which, placed under its protection, can get benefits – and share considerable benefits to creditors and society – consisting of their reintegration into the economic and social life. Therefore, the regulations about debtors’ behaviour, upon the entry, during and after the procedure, will isolate and exclude the debtors who expose themselves to...
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O analiză a conformităţii legii române a insolvenţei personale cu recomandările Comisiei europene sub aspectul reglementării eliberării de datorii a debitorului
Numărul 7 Anul 2015
Numărul 7 Anul 2015
The European Commission has issued a series of recommendations on insolvency, outlining the guidelines that Member States should follow in their national legislation. In terms of individuals, the recommendations refers mainly to the harmonization of the debts discharge period, which should not exceed 3 years.By providing the benefit of debts discharge, the debtors are granted with a fresh start. Recently, Romania has adopted an insolvenc...
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Originea societăţii ca instituţie clasică a dreptului privat
Numărul 6 Anul 2015
Numărul 6 Anul 2015
This article aims at analyzing the society contract as a classic private law institution in terms of its origin. We notice that the first mention of the society contract origin is recorded within the papyrus “New Gaius ” at the end of the fourth century and early fifth century which indicates the legal arrangement called “antiquum consortium” or “ercto non cito“, forms of family severalty,...
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Regimul fiscal al TVA aplicabil transporturilor intracomunitare de bunuri
Numărul 6 Anul 2015
Numărul 6 Anul 2015
Simplifying the tax system is one of the most important requirements to decrease the compliance costs and the administrative burdens for businesses small and large alike, as well as to improve collecting rank together with the tax evasion and tax fraud diminution.The Value Added Tax is one of the most substantial tax categories that contributes to the tax system consolidation at national as well as community scale. This required the nec...
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(Dez)echilibru de gen privind administratorii și directorii societăților europene cotate la bursă? Studiu de drept comparat
Numărul 6 Anul 2015
Numărul 6 Anul 2015
Contrary to other professions, where there is a relatively balanced gender representation, there is a manifest disproportion in the case of boards of directors of listed companies in the European Union. In 2014, women accounted only for 20% of the total number of board members, 21% of the number of non executive members, 13% of the number of executive members and 3% of the number of CEOs. There are important differences between the member Stat...
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Importanţa administrării probelor în arbitrajul comercial internaţional. Examinarea şi cross-examinarea martorilor
Numărul 6 Anul 2015
Numărul 6 Anul 2015
Arbitration has had to deal with the fact that, when it comes to technical issues, lawyers are not indispensable for the settlement of disputes from the technical point of view. This solution may also work well for smaller disputes where law issues are clear and technicalities remain secondary, for larger disputes the situation is different.
...
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Arbitrabilitatea cauzelor în care una dintre părţi este o societate în insolvență
Numărul 6 Anul 2015
Numărul 6 Anul 2015
The objective arbitrability of the cases in which the defendant is a company undergoing insolvency proceedings must be analyzed, on the one hand, from the perspective of the stay of proceedings provided by Article 75 of the Insolvency Law, and on the other hand, considering the scope of the bankruptcy judge’s jurisdiction, in conjunction with the interpretation given to Article 3 para. (1) of the EU Insolvency Regulation. Conclusions.
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Rolul pro-activ al arbitrilor în managementul eficient al arbitrajului
Numărul 6 Anul 2015
Numărul 6 Anul 2015
The arbitrators’ pro-active role in the international arbitration modern era is one of the key factors in ensuring and maintaining an efficient and less judicialized case management.Lately it seems arbitration has caught the flaws of the guerilla tactics which alter the arbitration proceedings and the topic of efficiency is more newsworthy than ever.By avoiding dilatory and obstructive maneuvers the arbitrators’ pro-active role ma...
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Tehnici de simplificare în arbitrajul internaţional: câteva consideraţii asupra instrumentelor IBA
Numărul 5 Anul 2015
Numărul 5 Anul 2015
International arbitration developed at the crossroads between civil law and Anglo-Saxon legal traditions. The necessity of finding common instrumentalities to resolve international disputes inevitably led to hybrid procedures, most of which borrowed elements from these two legal families but developed with an identity of their own. Simplification lies at the heart of this process. First, arbitration as a creature of consent is molded to match ...
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Forum Shopping Revisited: un scenariu încă posibil în acţiunile în despăgubire pentru prejudiciile generate de cartelurile transfrontaliere
Numărul 5 Anul 2015
Numărul 5 Anul 2015
This article aims to reassess the practice of forum-shopping in transnational cartel damages actions, which has been consistently criticized by EU bodies. In the view of EU bodies, the heterogeneity of the national rules governing actions for damages affects the substantive effectiveness of the right to compensation that derive from the TFEU. Such an attitude stems more from rhetoric of prejudice than from an objective consideration of forum s...
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Convenţii fiscale internaţionale privind evitarea dublei impuneri
Numărul 5 Anul 2015
Numărul 5 Anul 2015
International double taxation is an excessive fiscal requirement on the taxpayer income and assets, representing a barrier to the movement of capital and to processes for enhancing cooperation between countries and enhancing economic and financial relations between them. For this reason states are concerned with finding solutions to avoid it, tax conventions whose provisions include the principles, criteria, methods and procedures that will en...
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