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Procesul civil internaţional în reglementarea noului Cod de procedură civilă Partea I: Competenţa internaţională a instanţelor române (art. 1064-1069)
Numărul 6 Anul 2013
Numărul 6 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 first of four parts which aim 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 mig...
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Despre eroarea-viciu de consimţământ în noul Cod civil (II)
Numărul 6 Anul 2013
Numărul 6 Anul 2013
This article represents the second part of the study of error-vice of consent under the new Civil code. In this second part, the author continued the analysis with the types of error (excusable and non-excusable error, assumed and non-assumed risk of error, as well as error in communication or transmission) conditions of error, invoking error and its consequences on the contract. The author considered the judgements expressed by the scholars un...
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Foarfeca tarifară, o practică al cărei caracter anticoncurenţial se verifică prin raportare la conceptul de «concurenţă bazată pe merite»
Numărul 6 Anul 2013
Numărul 6 Anul 2013
In this crisp analysis of the TeliaSonera case, which has recently been adjudicated by the Swedish Court of Appeal, the economic and legal logic supporting the finding of a serious form of abuse of dominance has been exposed. The foundation of the case law dealing with unilateral practices is Michelin, Case 322/81 establishing that Article 102 TFEU refers not only to practices that may cause damage to consumers directly, but also to those whic...
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Aplicarea dreptului concurenţei în procedurile privind achiziţiile publice
Numărul 6 Anul 2013
Numărul 6 Anul 2013
This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of anticompe...
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Noţiunea de întreprindere în dreptul concurenţei
Numărul 5 Anul 2013
Numărul 5 Anul 2013
European competition law refers to the activities of undertakings. Although the treaty does not define the concept of an undertaking, the European Court of Justice has consistently held that any entity engaged in an economic activity, irrespective of its legal form and the way in which it is financed, must be categorised as an undertaking.Any activity consisting in offering goods or services on a given market is an economic activity. Acc...
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Parteneriatul public-privat: concept, evoluţie şi reglementare
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The present study primarily establishes a meta-textual framework concerning the public-private partnership, emphasizing in a comparative manner the definitions offered by the international doctrine and the relevant public entities.Moreover, in order to better describe the singular character of this type of collaboration, we shall schematically present its generic features in regard to the different applications that appear in contractual...
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Regimul juridic aplicabil informaţiilor privilegiate în contextul legislaţiei româneşti privind piaţa de capital
Numărul 5 Anul 2013
Numărul 5 Anul 2013
This study aims to examine the current state of national regulations on insider information, as well as their legal status. The highly technical nature of this study compels us to explain and analyze, at the same time, some key concepts for understanding the subject.Without trying to fully investigate the subject matter, the paper starts with an overview of the American background which created for the first time the need to regulate the ...
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Despre eroarea – viciu de consimţământ în noul Cod civil (I)
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The Civil Code of 1864 assigned one Article to the error – vice of consent, hence, the majority of the issues and considerations related to the error being built and debated at a doctrinal level. The new Civil code has another approach. The regulation of error is more abudant, i.e. seven Articles insted of one Article, some of the regulated issues being the ones already debated at doctrinal level under the Civil Code of 1864, e.g. error of la...
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Situaţia creditorilor garantaţi cu ipotecă asupra conturilor bancare în concursul cu alţi creditori în procedurile de valorificare a creanţelor
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The article investigates legal controversies arisen in practice regarding the status of creditors who benefit from a mortgage on the banking account of the debtor, when in concurrence with other creditors who aim to recover their receivables from the same person. With a special view at forced execution and insolvency procedures, the authors provide an analysis of the different approaches used by bank-account mortgagees in order to justify their...
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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...
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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...
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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, ...
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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...
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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...
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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...
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