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Consideraţii pe marginea interpretării dispoziţiilor art. 241 din Legea nr. 297/2004 – Legea Pieţei de Capital
Numărul 2 Anul 2013
Numărul 2 Anul 2013
The hereby article is meant to highlight and to accentuate the meaning given by the legislator to the provisions stipulated by art. 241 of the Capital Market Law, by comparing the limits of competence imposed on the executive management of a stock company, by reporting to the plenitude of competence belonging to the general meeting of shareholders, pursuing in the same time the interpretations given to this article, bearing a brief comparative...
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Observaţii privind aplicarea dispoziţiilor art. 349 C. civ. în materia societăţilor comerciale reglementate de Legea nr. 31/1990
Numărul 2 Anul 2013
Numărul 2 Anul 2013
Community property regime affects both the setting up and the functioning of companies regulated by Law no. 31/1990, in case one of the spouses disposes of the indivisum estate, in order to acquire shares or stocks. Thus, the provisions of art. 349 of the Civil Code should be related to the specific regulations on companies.
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Introducere în subiectul datelor deschise şi problemelor sale juridice (I)
Numărul 1 Anul 2013
Numărul 1 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...
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Înțelegerile anticoncurenţiale grave (hard-core) – caracteristici şi efecte juridice
Numărul 1 Anul 2013
Numărul 1 Anul 2013
The rules set forth by legal provisions have received, in time, various arguments: natural law or jus naturalism, positive law, voluntarism, normativism, law as a social fact, etc. Recently, a new theory relating to the economical efficacy of the legal rule has been put in place. According to this theory, any legal rule gains in effectiveness and presents more authority if it is also supported by an economical explanation.In this context...
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Noutăţi privind răspunderea antreprenorului potrivit Codului civil (I)
Numărul 1 Anul 2013
Numărul 1 Anul 2013
This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due to the ...
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Câteva consideraţii cu privire la categoria furnizorilor prevăzută de art. 96 alin. (1) din Legea nr. 85/2006 privind procedura insolvenţei
Numărul 1 Anul 2013
Numărul 1 Anul 2013
Article 96 of Law 85/2006 on insolvency proceedings was amended by Law 169/2010, published in the Official Journal of Romania, part 1, nr. 505/21.07.2010.This legal text regulates the category of essential providers. Unfortunately, this legal amendment hasn’t brought the answers expected by those who practice insolvency, respectively by this professional doctrine. Moreover, this law amendment brought up new questions on the category of e...
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Regimul juridic al dreptului de preferinţă şi al dreptului de alocare
Numărul 10 Anul 2012
Numărul 10 Anul 2012
The capital market, the ensemble of relations and mechanisms through which available funds are attracted from the economy and placed with economic agents or public and private entities, on long and medium terms, has movable valuables at its core (financial instruments specific to a market economy).Shares, movable valuables with variable income, are highlighted in particular through the rights incurring from the ownership of shares, amon...
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Probleme privind rezoluţiunea contractului în Noul Cod civil (III)
Numărul 10 Anul 2012
Numărul 10 Anul 2012
Under this third part of the analysis regarding the resolution and the annulment of contracts as provided under the new Civil Code, the authors are analysing the effects of the resolution, the abatement of provisions, the partial resolution and the prescription of the right to be reimbursed the provisions rendered under the annulled agreement. Moreover, a comparability analysis between the resolution and other methods of agreement cancellation...
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Evoluţia jurisprudenţei Curţii de Justiţie a Uniunii Europene referitoare la jocuri de noroc şi pariuri sportive: o perspectivă asupra pieţii interne
Numărul 10 Anul 2012
Numărul 10 Anul 2012
This paper will discuss the evolution of the ECJ’s case law on the field of sports betting and gambling. Member States remain competent to regulate gambling and sports betting and to structure their national policies on these areas. The gambling and sports betting market is part of the internal market and as a matter of fact is subjected to the rules guaranteeing the smooth operation of the internal market. The case law of the ECJ will be dis...
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Jurisdicţia Curţii de Arbitraj pentru Sport de la Laussane
Numărul 10 Anul 2012
Numărul 10 Anul 2012
Development of legal relations in sport and breeding international disputes in its field, led to the need to create an international body to ensure resolving disputes in a quick and inexpensive manner. Established for this purpose, the Court of Arbitration for Sport in Lausanne has become a prestigious institution in the field of sports arbitrage, developing its own jurisprudence which is a landmark in international sport relations. ...
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Fotbal, drepturi audiovizuale şi gestiunea acestora
Numărul 10 Anul 2012
Numărul 10 Anul 2012
Audio-visual rights, named common TV rights, experienced a great development în the last decade. Management either individually or collectively of such rights has generated huge revenues for sports bodies (federations, leagues, clubs) as well as specific issues of competition law and intellectual property both nationally and internationally. In European football these issues have acquired a special connotation and Commission decisions are a go...
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Decizia Comisiei Europene din 20 iulie 2010 cu privire la o procedură în baza Articolului 101 din Tratatul pentru Funcţionarea Uniunii Europene şi a Articolului 53 din Acordul SEE (cazul COMP/38.866 – Fosfaţii furajeri)
Numărul 9 Anul 2012
Numărul 9 Anul 2012
The paper presents the way in which the European Commission applied the transaction procedure in its second case ended by a transaction – case COMP/38866, Animal Feed Phosphates. This is the first case (and the only one so far) in which the Commission ended the investigation by a transaction even if only some of the parties under investigation transactioned (the so-called hybrid case).
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Dreptul creditării – între dependenţă şi autonomie (I)
Numărul 9 Anul 2012
Numărul 9 Anul 2012
The present paper is a debate on the status of a branch science, called credit law, which strongly signals its place in the law system. The author considers that the object of banking law refers to the two notions constituting the essence of commercial law: the production, commerce or services provision activity (replacing , in the new Civil Code, the notion of “commercial acts”) and the professionals (a notion completing that of traders). ...
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Cauze fiscale româneşti pendinte pe rolul Curţii de Justiţie a Uniunii Europene
Numărul 9 Anul 2012
Numărul 9 Anul 2012
For the first 5 years following the accesion to the European Union, the Romanian tax courts proved pretty shy when it came to referring tax cases to Luxembourg (except for the widely-spread car registration tax cases).However, in 2011 and 2012, a number of cases have been sent to the Court of Justice of the European Union. The affairs concern mainly the fields of VAT, excise duties and car registration taxes. It seems, however, that this...
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Aplicarea legii străine în cadrul contractelor între rezidenţi români. Notă critică la decizia ÎCCJ, secția comercială, nr. 1167 din 15 martie 2007
Numărul 9 Anul 2012
Numărul 9 Anul 2012
In accordance with decision no. 1167/2007 of ÎCCJ, the foreign law is not enforceable in the case of the contracts concluded between the Romanian residents carrying out their full activity on the territory of Romania, without any other foreign or intrinsic element . The author of this paper pleads in favour of the recognition, as valid, of the contractual clauses for the designation of a foreign law in the above-mentioned contracts.
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