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Plasamentul sub supraveghere electronică
Numărul 7 Anul 2014
Numărul 7 Anul 2014
By virtue of the technical progress and the unprecedented development of information means, what was only fiction half a century ago has now become tangible reality. Being everywhere around us and mainly meant to improve the quality of our lives (as the video surveillance systems inside public institutions, supermarkets, stadiums etc.), the surveillance systems has become a real ”invisible forensic help”.
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Cesiunea părţilor sociale sau retragerea asociatului din societatea cu răspundere limitată?
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The paper will analyze the issues relating to the distinct regulation of the main cause of losing the shareholder status in a limited liability company, namely the transfer of shares and the withdrawal of a shareholder from the company.In practice, it is essential to correctly qualify the manner in which a shareholder withdraws from a limited liability company, the transfer of shares or the shareholder’s withdrawal, and in this paper we ...
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Acţiunea oblică în noul Cod civil
Numărul 7 Anul 2014
Numărul 7 Anul 2014
This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which ...
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Dreptul de administrare al debitorului în noua reglementare a procedurii insolvenţei
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The debtor’s right of administration, consisting of the right to perform his activity, to manage his property and to dispose of it, is exercised through the agency of a special administrator, under the direct supervision of an insolvency administrator, during the observation procedure or reorganization period. Initiating the bankruptcy procedure has the direct effect of cancelling the debtor’s right of administration.The bankruptcy judg...
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Principalele elemente de noutate aduse prin Legea nr. 85/2014 privind procedurile de prevenire a insolvenţei şi de insolvenţă
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The new regulations on insolvency, as part of a project coordinated under the aegis of the World Bank and the International Monetary Fund, comes against the background of the amplification of the insolvency phenomenon, at both national and EU level. The tendencies recorded at European level involve a new approach, to save the business and to give a second chance to honest entrepreneurs, thus starting from the fact that insolvencies are “a fact ...
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Scurt istoric al Camerelor de Comerț și Industrie din România și transformarea instituțională a acestora până la cel de-al doilea Război Mondial (II)
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The Romanian Chamber of Commerce System is an active, mobilizing and reforming presence of the domestic and international trade.One of milestones of the Chamber of Commerce legislative accomplishment was the elaboration of the Constitution of 1923, which had been the promoter of the development and of the reform of the Chambers of Commerce in Romania.
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Noua fizionomie a coproprietăţii obişnuite în lumina dispoziţiilor actualului Cod civil
Numărul 6 Anul 2014
Numărul 6 Anul 2014
Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.Although almost all news reported during this study ...
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Despre dividende (Partea I)
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The article aproaches the issue of the profit treatement and distribution of dividends in a complete and applied way, including for the listed companies. Due to the fact that Law no. 31/1990 does not offer to the intrerpretor a clear and unequivocal text, one should try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards.
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Patrimoniul de afectaţiune –instrument în derularea afacerilor
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The patrimony by appropriation represents an instrument in business operation, even the business itself, therefore it is required to regulate it in accordance with the requirements modern economy.This paper analyses and proposes some solutions for the problems of the patrimony by appropriation as instrument by the dint of which a business is operated, as a modern patrimony management technique and as an instrument for limiting commercial...
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Retragerea asociaţilor. Certitudini, dileme, soluţii
Numărul 6 Anul 2014
Numărul 6 Anul 2014
During the incipient period of application of companies’ legislation, legal issues concerning the formation, organization and development of trade companies’ activities were examined preeminently by scholars and courts, since that was a time of creation and hope; events like withdrawal or expulsion of an associate were marginal issues that were disrupting the corporate harmony and not so often met în practice.The economic crisis affected...
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Scurt istoric al Camerelor de Comerţ şi Industrie din România şi transformarea instituţională a acestora până la cel de-al doilea Razboi Mondial (I)
Numărul 5 Anul 2014
Numărul 5 Anul 2014
In Romania, an important institution that created emulation in organizing and developing the commercial relation was and still is the Chamber of Commerce and Industry, with roots in the mid-nineteenth century. This entity had a major role in the economy of Romania, for almost a century (1864-1945). Nevertheless, the history and the beneficial role of the Chamber of Commerce and Industry to the development of the modern Romania in over 80 year...
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Compensarea creanţelor şi datoriilor reciproce ale creditorului şi debitorului în procedura insolvenţei
Numărul 5 Anul 2014
Numărul 5 Anul 2014
The compensation institution of mutual receivables and payables of the creditor and debtor has regulators, both in the Insolvency Law and in Common Law. However, in the operational practice of this legal institution of extinction of obligations, during the insolvency procedure, we notice that the insolvency practitioners are avoiding this operation, as well as the syndic judges are reluctant when rulling over compensation.Men...
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Jurisprudenţa recentă a Curţii Federale de Justiţie a Germaniei în materia comisionului de analiză a dosarului în contractul de credit pentru consum
Numărul 5 Anul 2014
Numărul 5 Anul 2014
Germany’s Federal Court of Justice issued on 13 May 2014 two decisions (XI ZR 405/12 and XI ZR 170/13) stating that contractual term regarding the processing fee in consumer loans is unfair and thus ineffective. This paper briefly explains the reasons for the Court’s decisions, which may be of certain importance for the on-going debates among Romanian scholars.
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Adnotări la Kásler c. OTP Jelzálogbank. Cheie de lectură a unei hotărâri a Curţii de Justiţie a Uniunii Europene privind clauzele abuzive în contractele de credit de consum
Numărul 5 Anul 2014
Numărul 5 Anul 2014
The Court of Justice of the European Union held on a request for a preliminary ruling (Kásler v OTP Jelzálogbank Zrt, C-26/13, 30 April 2014) concerning the allegedly unfair contractual term relating to the exchange rate applicable to repayments of a loan denominated in a foreign currency. This paper gives further explanations for the answers of the Court and analyses the relevance of these answers for the Romanian consumer of CHF de...
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Dovedirea încălcărilor aduse dreptului de autor prin utilizarea capcanelor
Numărul 4 Anul 2014
Numărul 4 Anul 2014
Traps are formal, deliberately wrong elements, that certain authors use in order to detect a possibly unauthorized reproduction of their work, the occurrence of such an error in two or more works being likely to cause a simple presumption of illegal copying. The fundamental role of traps comes within the scope of evidence, in a potential claim form covering the liability in tort of the author of such an illegal act.The paper discusses t...
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