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Consecinţe ale principiului interesului superior al copilului asupra monitorizării și supravegherii cu mijloace electronice ale acestora
Numărul 6 Anul 2023
Numărul 6 Anul 2023
One of the subjects that are specifically protected by the General Data Protection Regulation is the child. The GDPR requires specific protection for children, their data and specific risks to their rights and freedoms. However, one of the most important actions to limit their privacy, carried out in a systemic and global manner with the emergence of technology, is their electronic monitoring and surveillance by parents or those exercising gu...
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Contractele de administrare a coproprietăţii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The condominium management agreement is a newly introduced institution in the Romanian Civil Code, which allows for the carving out and rearrangement of the operating principles of a shares-based ownership. Starting from a functional analysis of indivision, the paper aims to explore the uncharted and little-researched terrain of the condominium management contract, establishing theoretical foundations and offering practical solutions.
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Examen de practică judiciară privind scrisoarea de garanţie bancară
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The study attempts to define the nature and character of a common law legal transplant in the New Romanian Civil Code – the bank guarantee letter as well as the dilemmas faced by the courts in the judicial practice created by this independent guarantee.
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Acţiunea pauliană, faţă în faţă cu procedura insolvenţei: urmărirea bunului înstrăinat prin actul desfiinţat ca urmare a admiterii acţiunii
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The new Civil Code did not limit to a terminological qualification of the claim that art. 975 of the Civil Code of 1864 recognized it to creditors prejudiced by „devious acts done by the debtor to the detriment of their rights”.The revocation action, because this was the qualification, is not immune to criticism in any case, the action made available to unsecured creditors, was outlined, at the level of primary legislation, a promising l...
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Conflictul diagonal de legi – un conflict de conflicte de legi
Numărul 6 Anul 2023
Numărul 6 Anul 2023
The public law character of the concept of conflict of laws encourages us to contemplate, even in a preliminary way, the manner in which the said concept is evolving within the European Union and – why not? – beyond. This time, the Courage case – a particular competition law dispute decided by the European Court of Justice – provides the opportunity to identify the so-called „diagonal conflict of laws” within the European Union and t...
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Drepturile asociatului minoritar într-o societate cu răspundere limitată
Numărul 6 Anul 2023
Numărul 6 Anul 2023
As mixed companies, limited liability partnerships were designed to operate on the principle of unanimity in adopting decisions in the general assembly of partners.It gave the minority partner the right of veto, that means the right to oppose any major decisions, subsumed under the broad concept of „amendments of the articles of association”. This principle was abandoned first in fact, through the practice of the trade registry and then ...
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Dovada socială și rolul ei în sfera judiciară
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Being convinced does not mean defeating your criticism, reason and free will. Being convinced does not mean giving in to the insistence of the one who wants to be convincing. To be convinced means, simply, to find bridges between the thesis proposed to you and two types of interests – the personal and the general ones. The principle of social proof, theorized and popularized by Professor Robert Cialdini, explains why these bridges exist and ho...
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Termenul de prescripție pentru executarea unei hotărâri de angajare a răspunderii solidare potrivit dispozițiilor Legii nr. 85/2014 atunci când pasivul debitorului include și datorii bugetare
Numărul 5 Anul 2023
Numărul 5 Anul 2023
In this article we are going to analyze the premises that were the basis of the referral to the High Court of Cassation and Justice in the procedure regulated by art. 519 et seq. C. pr. civ., regarding the issue of the applicable legal regime, in particular of the prescription for the execution of a budgetary claim established by a court decision pronounced in the joint liability procedure provided for by law no. 85/2014 on insolvency preventi...
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Platformele digitale – o nouă arhitectură a întreprinderii (I)
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Digital platforms are innovative structures that create challenges for many areas of incidence, with business law being particularly targeted. Their massive presence in most business sectors puts us in a race against time to understand them, in the hope of being able to perceive the changes they bring about. The question we ask with our two‑part study is to what extent they illustrate a new enterprise architecture.In order to address thi...
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Viziunea europeană asupra digitalizării Justiției, pentru perioada 2020‑2025
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The European institutions have committed themselves to take actions that ensure a better adaptation of the authorities and practitioners in the field of justice to new technologies, through access to new tools, through the acquisition of new skills and through the development of alternative investigation techniques. The European Commission believes that the digitization of justice must be accelerated and proposes a set of tools, with the aim ...
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Infracțiunea de operațiuni ilegale cu instrumente de plată fără numerar
Numărul 5 Anul 2023
Numărul 5 Anul 2023
Crimes against patrimony committed in the virtual environment are in a continuous expansion as the frequency of using electronic means of payment is steadily increasing. The need to incriminate harmful acts against the patrimony that are committed by means of non‑cash payment instruments is thus undeniable.However, the new offense introduced in the Penal Code can be critically analysed by reference to its constitutive content. The article...
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Aspecte contradictorii (i)reparabile ale efectelor mandatului fără reprezentare
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The mandate without representation is rarely encountered in purely civil judicial practice, it mainly refers to commercial activity, the contract being objectified, as a rule, in one of its specialties (commission, consignment, shipment), and having the destination of intermediation of production activities, alienation of goods or provision of services, all exercised for profit, i.e. with the intention of obtaining profit, an aspect from which...
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Relativitatea răspunderii limitate sau finalitatea unui concept protector
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The limited liability company drives around the legal system in an environment where duet o several interventions and reevaluations have as goal the distroing of the concept itself – the limited liabiliality. This is the reason why in the new law context we have to rearange the role of the limited liability of the shareholders.
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Prevenirea și combaterea spălării banilor și procedura de cunoaștere a clientelei bancare
Numărul 5 Anul 2023
Numărul 5 Anul 2023
The study presents the actions of prevention and fighting against money laundering carried out primarily by financial institutions. Money laundering includes those financial operations by which sums of money obtained from crimes are given the appearance of legality of source. The crime of money laundering has an autonomous character compared to the predicate crime, not being conditioned by the pronouncement of a conviction for this crime. An ...
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Critici cu privire la O.U.G. nr. 41/2022 pentru instituirea Sistemului național privind monitorizarea transporturilor rutiere de bunuri cu risc fiscal ridicat RO e‑Transport
Numărul 5 Anul 2023
Numărul 5 Anul 2023
On January 1, 2023, economic operators who purchase goods established as being in the category of those with high fiscal risk by order of the president of the National Agency for Fiscal Administration subject to road transport at national level on public roads have the obligation to register the transport on the platform RO E‑Transport. Although the stated purpose of the regulation is to make the transparency of the import and export of goods ...
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