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Scurte considerații privind acțiunea colectivă în noua reglementare a Ordonanței de Urgență nr. 91/2013
Numărul 10 Anul 2013
Numărul 10 Anul 2013
The article provides an overview of doctrinal opinions regarding the name and legal nature of the class action, as well as a comparison between Law no. 85/2006 and Government Emergency Ordinance no. 91/2013, both regulating the class action. The author’s conclusions state that the actions aiming to restore the debtors’ patrimony and the balance between creditors will be more difficult to bring under the new regulations.
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Raporturile esenţiale dintre actorii procedurii
Numărul 10 Anul 2013
Numărul 10 Anul 2013
The objectiveness of the insolvency procedures can be ensured primarily through a balanced distribution of roles of the interested parties, without granting a decisive influence to any participant who is not under the obligation to give reasons for its decisions.The second factor (derived from the first) for the purposes of maintaining the objectivity is the appointment of independent specialists in order to perform the economic analysis...
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Administrarea şi conducerea societăţilor de investiţii
Numărul 9 Anul 2013
Numărul 9 Anul 2013
The board of directors and the managers of the company, for the companies managed in the unitary system, or the supervisory board and the manager, in the case of the companies managed in the dualist system, are organs of the stock company which, even though lack legal personality, hold the totality of management prerogatives of the company. They are characterized by the doctrine as collegial management organs of the stock company, ex...
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Procesul civil internaţional în reglementarea Noului Cod de procedură civilă Partea III: Competenţa exclusivă a instanţelor române (art. 1078, 1079, 1081)
Numărul 9 Anul 2013
Numărul 9 Anul 2013
The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the third of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it migh...
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Discuţii privind viciul de consimţământ al violenţei în raporturile dintre profesionişti. Încadrarea violenţei economice
Numărul 9 Anul 2013
Numărul 9 Anul 2013
This article is mainly intended at discussing the possibility of claiming the vice of consent consisting of violence (threats) in the relations between professionals, as well as the analysis of the concept of economical violence and the conditions thereof. The article starts with a section presenting the regulation of the violence in the new Civil Code, then addressing the claim of violence as a vice of consent in between professionals and fin...
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Contractul de leasing. Analiză din perspectiva grupurilor de contracte
Numărul 9 Anul 2013
Numărul 9 Anul 2013
Governed by its pragmatic and utilitarian feature due to the common-law system from which it originates, leasing has emerged as a need to provide an alternative loan award to provide at the same time the owner of the assets with the possibility to recover the property given to be used by the receiver where the latter no longer wishes, at the end of lease period, to continue any contractual relationship. But as the continentalist legal system do...
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Scurte considerații asupra fiduciei în reglementarea noului Cod civil
Numărul 9 Anul 2013
Numărul 9 Anul 2013
In addition to the classical vision of property, taken from the Napoleonic Code of 1804, the New Romanian Civil Code brings new elements of a postmodern nature, which are essential for understanding the concept in current society. The blending of principles specific to continental law (inspired by French, Italian, and Dutch law) with those of the Province of Quebec (of a mixed, continental nature with strong common law implications) creates a ...
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Succinte consideraţii referitoare la (in)compatibilitatea Ordonanţei de urgenţă a Guvernului nr. 9/2013 privind timbrul de mediu cu dispoziţiile art. 110 din Tratatul privind Funcţionarea Uniunii Europene
Numărul 8 Anul 2013
Numărul 8 Anul 2013
Taking into consideration the new regulation implemented by the legislative power through the Governmental Emergency Ordinance no. 9/2013 which establishes a financial burden called “the environment fee”, a fee that has to be paid when registering a car in Romania, the present study intends to analyse whether the above-mentioned regulation succeeds or not in being different from the previous regulations which have been considered t...
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Evoluţia reglementării privind impozitarea dobânzilor în Convenţiile Model OCDE şi ONU
Numărul 8 Anul 2013
Numărul 8 Anul 2013
This paper purpose is to identify the historical reasons which underlie the current tax treatment of the interest payments under the Model Conventions elaborated by the Organization for Economic Cooperation and Development and by the United Nations. Although similar from the regulatory point of view, the different treatment of the interest income under the two Model Conventions is important, mainly due to their general purposes and to the way t...
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Când nu mai este secret un secret comercial?
Numărul 8 Anul 2013
Numărul 8 Anul 2013
In this article, the author analyses the relationship between the right to be informed and trade secrets, in a context in which traders often invoke the privilege of keeping secret information that would also contribute to identifying the effects of their activities on human health and the environment. On the one hand, the ability to keep certain information secret is often a matter of survival for traders, on the other, access to data may be ...
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Piercing the corporate veil
Numărul 8 Anul 2013
Numărul 8 Anul 2013
Starting from the definition and the underlyings that justify piercing the corporate veil, the articole presents the multiple forms of lifting the corporate veil and makes a short review of the Romanian law in this matter, given the declared purpose of highlighting the concept’s potential to answer the latest demands of the business environment. A modern institution of the business law, piercing the corporate veil proves to be a remedy fo...
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Protecţia sănătăţii – principiu interpretativ în practica organului de reglementare a diferendelor din cadrul Organizaţiei Mondiale a Comerţului
Numărul 7 Anul 2013
Numărul 7 Anul 2013
The relationship between the dispute settlement mechanism of the World Trade Organization (WTO) and the human right to health is extremely complex and it covers a wide spectrum of ethical, political and juridical issues. The WTO applicable law includes provisions, such as Article XX letter b) of the GATT, that make us believe that the human right to health is determinant in interpreting the obligations of the WTO Members and their refuse to co...
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Impactul protecţiei juridice a bazelor de date asupra noţiunii de „originalitate”
Numărul 7 Anul 2013
Numărul 7 Anul 2013
The article examines the protection of databases by copyright. It is discused the legitimacy of this protection and the particularities of the legal regime of the protection of databases in the European Union. In addition, are analyzed the solutions of the Court of Justice of the European Union, regarding this matter.
...
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Hotărârea Curții Europene privind aplicarea în timp a regulamentului de insolvență în noile state membre
Numărul 7 Anul 2013
Numărul 7 Anul 2013
The application in time of the Regulation on insolvency proceedings, which started before the accession of the new Member States and remained in force after the entry into force of EU law (when EU law came into force during the insolvency proceedings) was questionable. Unfortunately, it seems that in the preliminary ruling pronounced in case Erste/B.C.L., the European Court ignored the complexity of the issue as related to private internation...
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Noi instrumente legislative în legătură cu fraudele financiare şi evaziunea fiscală cu caracter transnaţional
Numărul 7 Anul 2013
Numărul 7 Anul 2013
A new dynamic is underway against tax evasion. In the United States, the “Foreign Account Tax Compliance Act” – FATCA was adopted in 2010, which obliges banks and other financial institutions (including mutual funds pensions) established abroad to report to the US IRS the assets and transactions of their clients, regardless of whether they are US citizens or residents.Transposed to Europe, it allows to know who, among t...
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