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Pagina 11 din 49
Adresarea întrebărilor în context judiciar
Numărul 1 Anul 2022
The questions asked in a judicial context are not based on curiosity. Unlike the usual conversations, judicial interrogations are intended to serve as a probative thesis, respectively to obtain information, acknowledgments or contradictions that clarify the disputed legal relations and contribute to their resolution. Preparing questions, techniques for addressing questions and anticipating the answers, those are essential steps for any litigat...
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Finanţarea utilizând criptoactive
Numărul 1 Anul 2022
The study is dedicated to the examination from a normative, theoretical andtechnical perspective of companies’ fi nancing using crypto-assets (tokens andstablecoins), distributed ledger technology (DLT) and blockchain, representinga viable alternative to traditional financing methods. The sale of tokens (utilitytokens, security tokens) in exchange for fiduciary currency or other crypto-assets (including stablecoins) is...
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Moneda electronică și politica monetară
Numărul 1 Anul 2022
Electronic money is changing the process of transmitting monetary policy effects. Therefore, the macroeconomic implications of using this new type of currency is concerning the central banks around the world.This paper aims to summarize the main analyzes of this phenomenon. Theseanalyzes, conducted by the specialists of central banks and by academics, show that the erosion of the monetary base produced by technological advances in...
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Abordări conceptual-teoretice și practice în relaţia contabilitate-fiscalitate (scutire impozit profit investit, leasing financiar, amortizare)
Numărul 1 Anul 2022
We approached this study, without claiming to be exhaustive, from the perspective of complying with accounting and tax rules, focusing on tax optimization of the profit invested in the acquisition of tangible fixed assets and also with the presentation of possible errors in accounting and tax treatment of these operations.In our opinion, although the text of the law has an unambiguous interpretation, due to the imperfection of ...
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Dinamica dreptului transnaţional
Numărul 1 Anul 2022
The dynamics of transnational law constitues a generous research topic. However, the aim of this article is more modest, limiting itself at preliminarly contemplating the way transnational law is evolving effortlessly. Conceptualized also as a methodological tool, transnational law inspires the so-called „network” contracts and the so-called „organisational contract” of the social life, business life included.The dynamics of internation...
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Comercializarea influenţei. Reguli și nereguli în influencer marketing
Numărul 1 Anul 2022
The Internet has led to the migration of commercial advertising in the cyberspace, where professionals who seek to promote their products/services are forced to fight for the consumers’ attention. One form of online commercial advertising, which they use to a significant extent, is that carried out through influencers. These advertising providers commercialize their influence. In order to present some of the legal issues stemming from the inf...
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Broșura Conferinței-dreptul-afacerilor-impactul-juridic-al-digitalizarii
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Brosura-Conferinta
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Cât de previzibilă ar fi putut fi impreviziunea în contractele de credit bancar?
Numărul 6 Anul 2021
Although there is an express regulation under the Civil Code, both hardship and datio in solutum have particularly attracted the attention of the legislator, who considered that common regulation is not sufficient to resolve situations arising during the post-2008 economic crisis, when the debtors were no longer able to fulfill their obligations. Thus appeared Law no. 77/2016, which was “improved” along the way by Law no. 52/2020, its...
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Limbajul corporal
Numărul 6 Anul 2021
The verbal message is only one of the elements of communication, its weight being often appreciated as inferior to para-verbal and non-verbal communication.The latter, by engaging the entire body of the transmitter, outlines the overall picture that strengthens or diminishes the power of words.
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Legislaţia privind consolidarea clădirilor interbelice – aspecte fiscale, provocări și propuneri de lege ferenda
Numărul 6 Anul 2021
This article presents the legal framework relating to the consolidation of inter-war buildings, including those pertaining to the immovable cultural heritage, by examining the main pieces of legislation in force as well as the draft legislation initiated locally and nationally and launched for public debate. Within this analysis, the main deficiencies identified with respect to the relevant provisions are rendered – namely the lack of a rigor...
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Instituţia suspendării inspecţiei fiscale – corelaţia dintre dreptul fiscal și dreptul comun
Numărul 6 Anul 2021
Irrespective of the legal relation it is applied to, the suspension should not have ratio legis, permanent consequences. In other words, the suspension as a procedural instrument, should preserve the substance of the legal relation and delay the review or evolution thereof. In terms of tax inspection, article 127 of the Code of Tax Proceedings is no exception either, since it is a legal instrument necessary, yet proportionally applicab...
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Clauza penală în procedura insolvenţei – toate-s vechi și noi sunt toate…
Numărul 6 Anul 2021
A discussion about the penal clause in the era of disruptive technologies may seem outdated. However, its placement in the context of insolvency proceeding is giving a new impetus to the old institution of civil law.Concretely, in the present study we aimed to analyze the extent to which the compensatory penalty or the moratorium penalty or the penalty due for the performance of the obligation in another place than the one agreed in the ...
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Deschiderea procedurii insolvenţei la cererea creditorilor – controverse și soluţii
Numărul 6 Anul 2021
The opening of insolvency proceedings upon the creditors request should not raise any problems, given that the legal regulation contained in Law no. 85/2014 seems clear. In this sense, the conditions that the creditors’ claims must meet in order to open the insolvency procedure against the debtor are those provided by art. 5 point 20 and art. 5 point 72 of the Law no. 85/2014.However, there are still controversies relating, inter alia, ...
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Protecţia datelor cu caracter personal în procesul de fuziune
Numărul 6 Anul 2021
The merger of the companies involves a ”transfer of assets”. The first question is whether personal data is an element of assets. The merger of companies requires that at least the data of one of the companies, acting as operator, to be transferred to another. The second question concerns the steps that negotiation teams need to consider regarding personal data. In this respect, the company’s relations with its contractors will be evaluated, ...
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Despre „dreptul părţilor să înmulţească ori să restrângă contractual cauzele de excludere”
Numărul 6 Anul 2021
By Decision no. 28/2021, the High Court of Cassation and Justice appears to have been created problems instead of resolving legal issues. Thus, in this paper we aimed to identify them rather than clarify them, and show that the release itself needs release.
Keywords:
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