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Legea aplicabilă persoanei juridice
Numărul 3 Anul 2012
Numărul 3 Anul 2012
With regard to the law applicable to the legal person, the new Civil Code sets out a new regulation, partly taking over the former dispositions of Law no. 105/1992 establishing a regulatory framework for private international law relations. Thus, Section 2 – in Book VII of the new Civil Code, Dispositions of private international law, in the special part on the Conflict of Laws, Chapter I Persons – deals with the law applicable to legal ...
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Excepţia de nelegalitate în contenciosul administrativ şi fiscal. Pledoarie pentru invocarea ei oricând, în cadrul unui proces
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The right of any person to invoke the illegality of an administrative or fiscal act is clearly stipulated in art. 4 parag. 1 of Law no. 554/2004. However, some authors and, moreover, the Romanian High Court of Cassation and Justice have imposed a series of admissibility conditions in order for this right to be allowed. Some consider that the illegality of such acts can only be accepted as a defence when invoked within the one year term, stipu...
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Revizuirea judiciară a sumelor stabilite prin clauzele penale
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The judge has the power to revise the amount of what is provided for in a penalty clause, in the case where this amount is “manifestly excessive” (art. 1541 Romanian Civil Code). In the legal system French we speak of a “manifestly excessive or derisory amount” (art. 1152 C. civ. français).So it is not only a question of allowing the judge to reduce a penalty, but also of increase it. However, as in other foreign systems, it is necessar...
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Particularităţi ale creanţelor împotriva averii debitorului insolvent rezultate din contractele de leasing
Numărul 2 Anul 2012
Numărul 2 Anul 2012
Leasing contracts are useful tools for many companies in regard to their activity. Easy to complete and often containing credit conditions more relaxed than the conditions needed in obtaining a bank loan, these agreements are included in the trade funds for a significant number of companies that go insolvent.
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Despre tipurile de scriitură legală şi diferitele lor caracteristici. Un mic ghid practic
Numărul 2 Anul 2012
Numărul 2 Anul 2012
This brief essay gives an overview of the types of professional legal writing and proposes a taxonomy of professional legal writing în Romanian law. The essay also provides ample exemplifications and descriptions of different types of documents drafted by attornery în their professional activities.As legal writing is a matter not studied în any systematic way în the Romanian Law Schools, the author argues for its inclusion while attempt...
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Exigenţele evitării dublei impuneri cu privire la impozitele directe: paradigme globale şi metamorfoze europene
Numărul 2 Anul 2012
Numărul 2 Anul 2012
The first part of this article represents a general inquiry concerning double taxation and its avatars on the global market. First, it shows the mechanisms and phenomena which made double taxation a world-spread economical “evil” and the subtle ties which bind it to the concept – and reality – of tax competition. In this context, we present the historical genesis of double taxation – starting with its medieval roots – and indicate a taxonomic ...
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Sistemul de control intern
Numărul 2 Anul 2012
Numărul 2 Anul 2012
According to Romanian National Bank Regulation No 18/2009 regarding the administration of credit institutions activity, the internal process of evaluation of the capital adequacy to risks and the prerequisites of outsourcing their activities as well as according to Basel Committee on Banking Supervision.Internal control is a continuous process, set up for providing a reasonable insurance that the performance objectives of the bank are m...
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Noţiunea juridică de daună cauzată prin poluare în context internaţional
Numărul 2 Anul 2012
Numărul 2 Anul 2012
International adoption of rules relating to damages caused by pollution is due to inappropriate and incomplete national legal systems.In these conditions, the contribution of international conventions is to qualify and quantify certain types of claims (e.g. pure economic loss caused by environmental pollution, costs of measures to prevent or limit pollution, environmental damage).
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Regimul juridic al măsurii de constrângere a debitorului de a-şi executa la timp obligaţia pe care şi-a asumat-o (daunele cominatorii)
Numărul 2 Anul 2012
Numărul 2 Anul 2012
The astreinte, derived from the Latin adstring is a process of constraint which, despite its character indirect, is very effective; it hits the debtor in his sensitive part, the portefeville, to the penalty is vast, although it is not without limits.The author reviews the evolution of the institution of penalty, judicial or conventional, limited to the comminatory measure „comminatory penalty”.
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Drepturile promitentului cumpărător rezultate din antecontractul de vânzare-cumpărare din perspectiva dispoziţiilor art. 93 ind. 1 din Legea nr. 85/2006
Numărul 1 Anul 2012
Numărul 1 Anul 2012
This article discusses the legal situation of the debtor who made a promise to sell movables or immovables prior to her subsequent judicial declaration as bankrupt, and of the creditors who made a promise to buy such goods. Taking in consideration all the „innovations” introduced in the Romanian Law in recent years, it argues that the non correlation of the dispositions of various recent legislative enactments, among which predominantly figure...
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Consideraţii cu privire la cazurile de excludere a asociaţilor din societăţile comerciale cu răspundere limitată
Numărul 1 Anul 2012
Numărul 1 Anul 2012
Since the activity of the company depends on the conduct of the associates and the manner in which they perform their statutory and legal duties, Law no. 31/1990 regulated the exclusion of the associates under certain circumstances for the purpose of protecting the company, but also the interests of the associates.Exclusion is a sanction against the associate who does not perform certain duties or causes a certain prejudice to the compan...
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Simularea personalităţii juridice în Noul Cod civil
Numărul 1 Anul 2012
Numărul 1 Anul 2012
The dispositions related to simulation under the New Civil Code (art. 1289 and the next, the New Civil Code) are applicable to the company as follows: the parties conclude a public and false act – the company contract – which conceals another secret and real act, the only act binding the parties, but not opposable to third parties; but the third parties can take advantage either of the public act, or of the secret one, as their interest dicta...
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