Arhiva
Pagina 41 din 54
Scurte consideraţii asupra reprezentării convenţionale a persoanelor juridice în procesul civil
Numărul 3 Anul 2015
Numărul 3 Anul 2015
The perspective brought by the new regulation on the institution of conventional representation of legal entities in civil proceedings is completely different, in line with the regulations found in other European countries. Despite a radical change of perspective, the judicial practice remained tributary to the jurisprudence developed under the old regulation, allowing legal entities to be represented by non – lawyer representatives, oth...
Read More
Aplicarea principiului echităţii în materie fi scală. Îmbogăţirea fără justă cauză – principiu al dreptului fiscal european?
Numărul 3 Anul 2015
Numărul 3 Anul 2015
In systems of law, as well as in the area of current knowledge, it is the Greek and Roman civilizations that offer the ethical and moral fundamentals, as well as the legislative and institutional framework for modernity. It was easy to start with Aristotle’s Nicomachean Ethics where the author laid the basis of the principles of democracy, the philosophical and ethical systems, which were later confirmed and enriched by European historical ev...
Read More
Regimul juridic al protecţiei datelor cu caracter personal este în proces de regândire
Numărul 3 Anul 2015
Numărul 3 Anul 2015
The legal framework on data protection is in a rethinking process both from the point of view of regulation technique, meaning the pending proposals of Regulation and Directive, and from an institutional perspective. By this new legal framework and also the case-law of the Court of Justice of the European Union, a system similar to that within the European competition is being put into place, which will gather together the national supervisor...
Read More
Profesia de arhitect în România. PARTEA II – Exercitarea profesiei
Numărul 2 Anul 2015
Numărul 2 Anul 2015
The second part of the series of articles relating to the architect profession is focused on practical aspects of the profession, describing the forms in which it is performed, the actual activity of the architect, his civil liability and other issues of interest. The matters referring to the organisation of the profession have made the object of the first part of this article, published in the Romanian Review of Business Law no. 12/2014....
Read More
Lis Pendens după reformarea Regulamentului Bruxelles I
Numărul 2 Anul 2015
Numărul 2 Anul 2015
In 2010 the European Commission prepared a Report on the application of Brussels I Regulation as it was required by article 73 of the same Regulation. In its Report the Commission proposed several changes to be brought to the Regulation in order to improve its applicability and achieve its objectives, those of avoiding parallel proceedings and irreconcilable judgments within the courts of the Member States and providing an area of free movemen...
Read More
Lis Pendens în regimul Regulamentului Bruxelles I
Numărul 2 Anul 2015
Numărul 2 Anul 2015
Brussels I Regulation establishes a system for recognition and enforcement of judgments coming from courts of the Member States within the European Union in civil and commercial matters. Following article 73 of the Regulation, its applicability was analyzed after a period of fi ve years from its entry into force. In general, it facilitated cross-border litigation, but its applicability has been criticized, among others, in relation to exclusiv...
Read More
Despre corecta interpretare a art. 1579 alin. (3) din Codul civil de la 1864
Numărul 2 Anul 2015
Numărul 2 Anul 2015
The sudden ultravalorisation to a particular currency bank credit agreements with consumers prior to the entry to force the new Civil Code, currency considered by some authors as exotic brought in present in our country, the applicability of art. 1579 par. 3 of the Romanian Civil Code of 1864, the legal text which attempted to justify the possibility of conversion of foreign currency loans in lei and freezing of the leu-foreign currency at the ...
Read More
Nulitatea Hotărârii Adunării Generale
Numărul 2 Anul 2015
Numărul 2 Anul 2015
This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the sharehol...
Read More
Nulitatea hotărârii adunării generale (I)
Numărul 1 Anul 2015
Numărul 1 Anul 2015
This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the shareho...
Read More
Strategii de armonizare a legislațiilor europene în materie de insolvență
Numărul 1 Anul 2015
Numărul 1 Anul 2015
The harmonization of the European insolvency laws aims to remove the existing discrepancies between them, which may hamper the establishment of an efficient Unique Market. The revision of Regulation no. 1346/2000 on insolvency proceedings created the premise for a smooth coordination of insolvency proceedings with cross-border implications, but this process must be sustained by adopting certain complementary methods, in order to harmonize the ...
Read More
Rolul judecătorului în procesul civil în realizarea principiilor contradictorialităţii şi al dreptului la apărare
Numărul 1 Anul 2015
Numărul 1 Anul 2015
The two principles, of contradictory and of the defence rights established in articles 13 and 14 of CPC (Civil Procedure Code) are closely connected; the principle of contradictory being a guarantee of the defence rights; which is why we choose to treat them together, of course, related to the theme of the work, approaching them from the perspective of the judge’s role in achieving them, a role manifested in different stages of civil pr...
Read More
Drepturile acţionarilor în legislaţia Uniunii Europene
Numărul 1 Anul 2015
Numărul 1 Anul 2015
The present study has as starting point the draft for the revision of the Shareholders’ Rights Directive, (2007/36/EC), aimed at improving the corporate governance of the over 10,000 companies listed on capital markets in Europe.Upholding the ambitious European Commission action plan, characterized by the collocation „fostering an appropriate regime for sharehoders’ rights” (from the public omonyme consultation in 2004), the draft directi...
Read More
Dreptul de stabilire al societăţilor în UE şi fiscalitatea
Numărul 1 Anul 2015
Numărul 1 Anul 2015
The national regulations by which the Member States enforce a discriminatory tax treatment on the subsidiaries or branches of non-resident parent companies, compared to the one enforced on resident companies with an objectively comparable status, represent unjustified restrictions on the exercise of the right of establishment set out by art. 49 of the TFEU. The actual protection of the freedom of establishment was reinforced by the development...
Read More
Aspecte privind delimitarea instituţiei divizării parţiale de instituţia aportului în natură pentru formarea sau majorarea capitalului social
Numărul 1 Anul 2015
Numărul 1 Anul 2015
Companies Act regulates two institutions with similar purpose for the recipient of the effects of these institutions – social capital of a company being set up or increase the capital of an existing company, in both versions through a execution of a contribution in kind. The need to distinguish between the two institutions, the partial division of the contribution in kind, has both theoretical and practical importance by identifying and ...
Read More
Contribuţii privind Consultarea Comisiei europene din 2014 cu privire la fuziuni şi divizări transfrontaliere în contextul dreptului român
Numărul 1 Anul 2015
Numărul 1 Anul 2015
The European Commission has put forward in 2014 certain consultations dealing with companies, aiming to simplify and increase legislative consistency in that field. Legal effectiveness play the central role, but limits concerning the legal basis in the Treaty should always be checked out. By the most recent of these consultations, the Commission aimed at improving the legal framework of the Directive 2005/56/EC (Cross-Border Merger Directive),...
Read More
Pagina 41 din 54
Follow
© 2026 Wolters Kluwer