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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A discussion about the penal clause in the era of disruptive technologies may seem outdated.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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Excluderea asociaţilor din perspectiva Deciziei nr. 28/2021 pronunţate de Înalta Curte de Casaţie și Justiţie – Completul pentru dezlegarea unor chestiuni de drept în materie civilă
Numărul 6 Anul 2021
Exclusion is a measure specific to intuitu personae companies. The legal enumeration can be extended through by-laws, as established by the High Court of Cassation and Justice – Panel for resolving legal issues in civil matters, by Decision no. 28/2021. Prior to this decision, the doctrine was divided, a large part considering that the enumeration is limiting. However, the shareholders cannot eliminate, through the by-laws, one or mo...
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Hacker-ii societari și combaterea lor prin prezumţii judiciare. Un micro-studiu despre frauda societară prin antedatare de documente
Numărul 6 Anul 2021
The article discusses how civil courts deal with the fraud by backdating documents by a former representative of the company together with a third party. The specificity of this kind of fraud is that it puts at work some legal presumptions (the presumption that the date on the document is the correct one, the presumption that the agreement has a lawful cause) to create advantages for the fraudsters. When situations of this kind are not timely...
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Consecinţe economice ale datoriei publice
Numărul 5 Anul 2021
In recent years, there has been an increase in public debt in Romania. If current policies are maintained, the public debt will continue to increase, which will have a considerable impact on economic activity. I will present certain consequences and risks of this evolution. They are illustrated, moreover, by the difficulties that the government has begun to face in its financing from external financial markets: the financial cost of public deb...
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Principiile persuasiunii
Numărul 5 Anul 2021
Persuasion is based on a set of principles that apply in all areas, including the legal sphere. Enunciated three decades ago, the principles of persuasion crowned the research work of Professor Robert Cialdini. Based on extensive studies, experiments, and statistics, the six fundamental laws of persuasion have general applicability and help us understand why, when, and how persuasion works.
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Modalităţi de utilizare a criptoactivelor
Numărul 5 Anul 2021
The study is dedicated to the examination from a normative, theoretical and technical perspective of the utilization means of the cryptocurrencies as well as of the aspects regarding investors’ protection.
Keywords:
wallet,...
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Schiţă privind problemele juridice ale funcţionării inteligenţei artificiale în spaţiul juridic al omului
Numărul 5 Anul 2021
Although there is much enthusiasm about the potential of artificial intelligence, the study expresses moderate skepticism when examining the limits of protecting the privacy of humans possibly attacked by intelligent machines. No matter how advanced technology may be, man will always be different from a robot.The elements that would capture the human-intelligent machine difference are essentially subject to the concept of human rights. T...
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Influenţa modelelor și tendinţelor decizionale asupra jurisprudenţei Comisiei Europene
Numărul 5 Anul 2021
The purpose of this article is to analyze, on the one hand, the behave of the Commission, the planning and implementation of its competition inspections and, on the other hand, the that it may fine, on what grounds it is based, the objectives as well as their impact in relation to its case law.The aim is to find a pattern for the development of the plan to combat unfair competition, and on the basis of this we can outline an overview aim...
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Relaţia dintre concentrarea economică și abuzul de poziţie dominantă
Numărul 5 Anul 2021
The competition on the market has been and will be current in any period. The social and economic context influences the competition rules. In order to have the best possible position in the market, some economic agents will resort to practices that violate the rules of fair competition. Because of this, a balanced competition, in an increasingly technological world, is quite difficult to maintain, because there are many factors both internal ...
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Dinspre teoria dreptului transnaţional
Numărul 5 Anul 2021
The incentive ‘Towards a theory of transnational law’ suggests the existence of a possible goal. The said goal may amount to an illusion. That is why it seems appropriate to me to come ‘from the theory of transnational law’. The theory of transnational law means an intellectual worldwide project. This article aims to point out at least two developments of the project at stake. The litigation RJR Nabisco, Inc. v. European Communit...
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The real deal v. The paper deal: de la standarde la adaptarea contractelor
Numărul 4 Anul 2021
This text is the result of the reviews of the following publications: Stewart Macaulay, Non-Contractual Relations in Business: A Preliminary Study, American Sociological Review, vol. 28, nr. 1, 1963; Stewart Macaulay, The Impact of Contract Law on the Economy: Less Than Meets the Eye?, Conference on Law and Modernization, Peru, 1994; Stewart Macaulay, The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge fo...
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Tehnici de negociere și argumentare
Numărul 4 Anul 2021
As legal professionals or as mere speakers, we will often find ourselves in situations that require either neutrality or the best possible resolution of conflicts. Moving away from the paradigm of the verbal duel meant to leave only one person standing, the negotiation and argumentation techniques accentuate the empathy and the desire to obtain mutual gain. Their knowledge and application translates into harmonious communication and results con...
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