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Probleme juridice în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural
Numărul 2 Anul 2023
Numărul 2 Anul 2023
The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional services, by ...
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Utilizarea instrumentelor de inteligenţă artificială în sistemul de justiţie penală
Numărul 2 Anul 2023
Numărul 2 Anul 2023
Crime prevention, criminal justice, and law enforcement are areas where artificial intelligence has the potential to complement or even greatly improve traditional techniques. The potential for artificial intelligence for law enforcement, legal professionals, the judiciary and even the criminal justice system to enhance human capabilities is enormous. Many judicial authorities have begun to use artificial intelligence applications to improve ...
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Europeanul conflict de legi – și un litigiu de afaceri
Numărul 2 Anul 2023
Numărul 2 Anul 2023
A series of cases drew attention to the link between the concept of conflict of laws and the European Union’s Law. The Ingmar GB Ltd. v. Eaton Leonard Technologie Inc. case law is one of them. I took the liberty to start a preliminary research on such link in the light of the message spread by the above-mentioned dispute. This message invites us all to take note of at least one idea – the neo-Savignian idea of exercising the concept of Europea...
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Protecţia drepturilor utilizatorilor finali în încheierea la distanţă a contractului de furnizare a serviciilor de telefonie mobilă (II)
Numărul 2 Anul 2023
Numărul 2 Anul 2023
Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...
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Cum să comunicăm cu încredere
Numărul 1 Anul 2023
Numărul 1 Anul 2023
The communication process is not complete without a set of factors that help convey the message correctly. Technical elements and communication strategies are of little use when the speaker lacks confidence in both his own ability and the force of his message. Hard to fi t into patterns and impossible to simulate, confidence is the core of any effective communication and the hallmark of any speaker.
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Impactul inflaţiei asupra băncilor
Numărul 1 Anul 2023
Numărul 1 Anul 2023
The present study presents, in the first part, three possible inflationary scenarios in the Romanian economy; in the second part, the implications of these scenarios on the banking sector are analyzed; finally, the third part suggests some actions for banks and policy makers.
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Lex societatis – o perspectivă de drept transnaţional
Numărul 1 Anul 2023
Numărul 1 Anul 2023
The concept of lex societatis inspired the legal reasoning made in the international and quasi-federal disputes altogether. The Barcelona Traction (1970) and Centros (1999) disputes give an indication on the fate of lex societatis, as a genuine link between the international and domestic legal orders and quasi-federal one of the European Union. This paper debates the way in which lex societatis operates across and b...
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Aplicarea în timp a legii civile în privinţa hotărârilor adunării generale a asociaţilor unei societăţi cu răspundere limitată: art. 192 alin. (2) din Legea nr. 31/1990 privind societăţile
Numărul 1 Anul 2023
Numărul 1 Anul 2023
This article has appeared from the need to know under what conditions of quorum and majority the general meeting of shareholders of a limited liability company (LLC) adopts decisions when, during its existence, the law changes in this regard.In other words, from the need to determine how the civil law is applied over time in the mentioned situation. The question was occasioned by the amendment of Law no. 31/1990 regarding companies (in t...
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Ocupaţiunea și uzucapiunea în spaţiul a-naţional al internetului
Numărul 1 Anul 2023
Numărul 1 Anul 2023
The internet is a non-national space, not subject to the sovereignty of any state. Technological corporations have imposed on the internet their own regulations and pre-formulated a-national contracts, as well as moral precepts or axiology of private origin, but having global, imperialist opposability, appropriating through occupation and usucapion both on significant fractions of this a-national space, as well as on some fractions of the inte...
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Limitarea deductibilităţii costurilor excedentare ale îndatorării
Numărul 6 Anul 2022
Numărul 6 Anul 2022
Interest expenses and the costs economically equivalent to interest have challenged for a long time the international tax environment to find a solution with the purpose to eliminate or, at the very least, to limit the related abusive tax practices.With the objective of establishing a consistent rule within the international tax framework, in 2015, O.E.C.D. adopted Action 4 as part of the B.E.P.S. Project, which recommendations were take...
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Bunele practici în relaţia avocat-client
Numărul 6 Anul 2022
Numărul 6 Anul 2022
Without many legislative opportunities for promoting their services, lawyers must rely mainly on the results of their activity. In addition, however, some methods of communication make up the best practices by which, over time, those who have understood the partnership relationship between lawyer and client have acquired professional success.
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Creanţele salariale curente în procedura insolvenţei
Numărul 6 Anul 2022
Numărul 6 Anul 2022
Salary claims benefit from a preferential regime, in the case of the employer’s insolvency, determined by the need to protect employees. At the same time, current claims benefit from a privileged legal regime, which is justified by the imperative to continue the debtor’s activity after the opening date of the insolvency procedure.With regard to current salary claims in the insolvency procedure, the issue arises of determining the compete...
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Metamorfoza Legii nr. 85/2014 sau zbor deasupra unei… transpuneri de directivă europeană… (I)
Numărul 6 Anul 2022
Numărul 6 Anul 2022
It is a truism that, as a rule, economic crises (and not only) have a certain cyclicality, relatively easy to detect. Trying to capitalize on the “calm before the storm”, the European Legislator has focused on a difficult area during the previous crisis – insolvency. Applying the medical principle: it is easier to prevent than to combat, he focused in particular on the area just before insolvency, from a logical and chronological perspective, ...
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Principii și concepte ale restructurării societăţilor în dificultate
Numărul 6 Anul 2022
Numărul 6 Anul 2022
The restructuring law (Law. no. 216/2022 for the transposition of the Directive (EU) 2019/1023 on restructuring and insolvency into the Romanian legal system) entered into force on July 17th, 2022. The new law amends Law no. 85/2014 regarding preventive insolvency proceedings and insolvency proceedings as following: (i) the new law revoke ad-hoc mandate proceeding and proposes a new proceeding – the restructuring agreement and (ii) modifies the...
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Două noţiuni conflictuale: status quo-ul și dinamica activelor în insolvenţă
Numărul 6 Anul 2022
Numărul 6 Anul 2022
After the opening of the insolvency proceedings, the assets in the debtor’s estate provide a static image of what can be understood as the „active side”. However, the legal rules applicable to these assets in insolvency must retrieve from the substantive law rules those which are compatible with the dynamics under which the insolvency proceedings are conducted. The book records which reflect such assets may raise questions as to whether they ...
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