Arhiva
Pagina 46 din 51
Procedura sesizării Înaltei Curţi de Casaţie şi Justiţie în vederea pronunţării unei hotărâri prealabile pentru dezlegarea unor chestiuni de drept şi scurte consideraţii privind alte mecanisme procedurale menite să asigure o practică judiciară unitară
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The author of this article details one of newly-regulated institutions under the New Civil Procedure Code of Romania in the matter of ensuring a unitary case law, namely the motion to rule in principle on certain legal matters, filed to the High Court of Cassation and Justice, by which certain courts of law may request the highest court to issue a preliminary ruling on a newly-emerged legal issue that was referred to them. Other procedural mea...
Read More
Scrisoarea de garanţie bancară ca formă a creditului bancar
Numărul 4 Anul 2013
Numărul 4 Anul 2013
The paper approaches the letter of bank guarantee focusing on its status of bank credit instrument, arguing that it should be qualified as a species of bank loan and analysing the consequences of such qualification, given the absence from the new Romanian Civil code of a general regulation of bank loans and knowing that the regulation provided by the new Romanian Civil code to the letter of bank guarantee as an autonomous personal guarantee d...
Read More
Conceptul de „venituri din activităţi desfăşurate în baza contractelor/convenţiilor civile” şi regimul fiscal aplicabil
Numărul 4 Anul 2013
Numărul 4 Anul 2013
The paper outlines some changes made by the legislature within the Fiscal Code as a consequence of repealing the 1864 Civil Code and the 1888 Commercial Code and the coming into force of the new monistic Civil Code. The author considers that these recent changes in the Fiscal Code will influence the conduct of the parties to legal relations in the sense that they will attempt a qualification of the juridical nature of the concluded contract, ...
Read More
Condiţiile introducerii cererii de deschidere a procedurii insolvenţei de către administratorul societăţii comerciale debitoare
Numărul 4 Anul 2013
Numărul 4 Anul 2013
The right to decide the opening of the insolvency procedure, the choice of procedure, simplified or general, the designation of the representative responsible for introducing the application and the insolvency practitioner to be mentioned in this application, including the special administrator and the possibility that can safeguard the debtor company by implementing of a judicial reorganization plan are the prerogatives of the management bodi...
Read More
Configuraţia preluării de datorie în noul Cod civil
Numărul 4 Anul 2013
Numărul 4 Anul 2013
This study aims to analyze, through the eyes of a practitioner of law, the mechanism and the legal effects of the debt assumption, regulated for the first time expressly by the Romanian Civil code. Some of the particular objectives of this study are to identify the practical issues which may arise due to the interpretable and/or incomplete provisions and, correlatively, to propose possible solutions and/or approaches aimed to prevent the dama...
Read More
Efectele generalizării apelului în litigiile dintre profesionişti
Numărul 4 Anul 2013
Numărul 4 Anul 2013
This article analyzes the effects produced by the generalization of the appeal in the context of the provisions of the New Code of Civil Procedure. Providing the litigants in a civil action, including the professionals, with the possibility of filing an appeal clearly brings up certain advantages: the possibility to invoke any grounds of illegality and groundlessness, the check of all grounds of fact and of law, the administration of new eviden...
Read More
Procedura prealabilă a medierii şi regularizarea cererii de chemare în judecată în lumina noului Cod de procedură civilă
Numărul 4 Anul 2013
Numărul 4 Anul 2013
Along with the entry into force of the new Civil Procedure Code, the regularization procedure of the statement of claim and the preliminary procedure of mediation, that were optional under the previous regulation, became mandatory with several circumstantiation. A brief analysis of the new regulation is highly necessary.Within this study, many questions to be asked in the near future by both law practitioners and litigants are risen and...
Read More
Introducere în subiectul datelor deschise şi problemelor sale juridice (II)
Numărul 3 Anul 2013
Numărul 3 Anul 2013
Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...
Read More
Caracterul identic pe fond al prevederilor dreptului concurenţei la nivel naţional şi a celui supranaţional. Care este incidenţa acestuia asupra admisibilităţii cererii de pronunţare a unei hotărâri preliminare?
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The objective of Dzodzi doctrine is to forestall future divergent interpretations of a provision of Union law in cases where the national law has adopted the same solution for the purely internal as for the cross-border situations. The first of the objections raised by Advocate General Cruz Villalón is that in cases where Dzodzi doctrine applies, Kleinwort Benson doctrine must simultaneously be applicable.
Read More
Consideraţii privind reglementarea noului Cod civil asupra clauzelor neuzuale
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The authors of the study review one of the novel solutions implemented by the new Civil Code of Romania in the area of contractual obligations, namely the regulation of the unusual clauses. These are defined as a species of standard clauses and may be viewed in general as clauses which purport to alter the balance of the obligations of the parties resulting from the statutory regulation of contracts for the benefit of the party which proposes...
Read More
Grupurile de societăţi în dreptul comercial italian. Scurte consideraţii de drept comparat
Numărul 3 Anul 2013
Numărul 3 Anul 2013
There are traditional connections between the Italian and Romanian legal systems, including in the matter of corporate groups law. Within the substantial reform of the Italian Civil Code 2004 as of 2004, there were introduced legal provisions aiming to regulate the relations between the companies belonging to the same corporate group. Given that the Romanian legislation does not have such a regulation yet, we think a comparative approach with...
Read More
Piaţa RASDAQ: între un statut incert şi o desfiinţare problematică
Numărul 3 Anul 2013
Numărul 3 Anul 2013
In the field of Romanian stock markets nowadays, the RASDAQ market presents itself as problematic in two regards: on an economic level, due to reduced trading activity, and on a legal level, due to uncertainty regarding its legal nature, low standards of shareholder protection, and the National Securites Comission’s plans of closing it down.This paper adresses the legal side of the issue. It takes a brief look at the European regulation...
Read More
Controlul activităţii entităţilor reglementate şi supravegheate de către Autoritatea de Supraveghere Financiară
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The inspection of the activity carried out by the administration and management bodies organized in the entities regulated by the Law number 297/2004 and the Emergency Decree of the Government number 32/2012 is ensured by a number of institutions functioning with these bodies: the auditors of the company, statutory and internal, with the mission of exerting a permanent control of the bodies responsible with the management of the company; the ...
Read More
Cesiunea de contract în reglementarea noului Cod civil
Numărul 2 Anul 2013
Numărul 2 Anul 2013
Under the old Romanian Civil Code the assignement of rights and obligations and the possible substitution of a contractual party were not subject to any legal provisions holding globally the possibility of any contractual position transfer. Therefore, at the time, the scholar aproach was suggesting a divisional view – the dissolution of the contractual transfer concept in different suitable civil institutions ready to offer explain as for the...
Read More
Noutăţi privind răspunderea antreprenorului potrivit Codului civil (II)
Numărul 2 Anul 2013
Numărul 2 Anul 2013
This article represents the second part of a study aimed to provide an overview over the services and construction contractors’ liability under the Romanian Civil code. In this second part, the authors focused to the special provisions from the Romanian Civil code, applicable to construction contracts and also provided brief considerations with regard to the termination of the contractor agreements. Where the case, the special legislation has ...
Read More
Pagina 46 din 51
Follow
© 2025 Wolters Kluwer