Arhiva
Pagina 12 din 51
Societăţi pe acţiuni. Natura procedurii judiciare de întocmire a unui raport suplimentar privind unele operaţiuni reclamate de acţionari
Numărul 3 Anul 2022
The procedure by which the right of informing the significant shareholders, by which the drawing up of a supplementary report, is used is a special procedure, regulated by Law no. 297/2004 and Law no. 24/2017, which is completed with the provisions of the contentious procedure contained in the Code of Civil Procedure.
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Răspunderea vânzătorului unui pachet majoritar de acţiuni pentru „viciile” societăţii vândute
Numărul 3 Anul 2022
Although they are intangible assets, the shares of a company bear defects (hidden). The seller of a stock is responsible for the value of the issuing company when, after the sale, it is reduced as a result of events prior to sale that the buyer could not find out of the public registers (financial statements, registers, etc.) or after performing a due diligence. This is the correct legal qualification, not the eviction, not the vices of consen...
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Arta de a avea întotdeauna dreptate
Numărul 3 Anul 2022
Winning argumentative duels has always fascinated, being a topic that has preoccupied even classical thinkers, accustomed to rummaging in the depths of the mind to understand the world and its meaning. With or without the contribution of honesty, the argument can be understood as a game in which the fiercest of us are only interested in the laurels of victory. Sometimes, in order to obtain them, they will have to give up principles or the very...
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Propunerea de Regulament privind pieţele criptoactivelor și de modificare a Directivei (UE) 2019/1937
Numărul 3 Anul 2022
The article is dedicated to the examination from a theoretical and normativeperspective of the Proposal for a EU Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 („MiCA Regulation”). MiCA Regulation will replace existing European Union Member States’ legislation applicable to cryptoassets, which are not covered by the EU existing legislation on financial services.
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Distincţia dintre noţiunile eveniment, incident de securitate și încălcare a securităţii datelor cu caracter personal, utilizate de standardul ISO 27001 și de Regulamentul General privind Protecţia Datelor
Numărul 3 Anul 2022
The application of the GDPR by personal data controllers encounters difficulties in understanding some terms. Among these terms is the term “security incident”, often confused with the term homologous to either the ISO 27001 standard or the NIS Directive. The material highlights that the notion of security incident in the GDPR must be interpreted in a legal sense. It implies the existence of a breach of the right to protection of personal data....
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Dreptul la Internet și dreptul la viaţa digitală
Numărul 3 Anul 2022
The Internet is the new living environment of homo ciberneticus. The digital vocation belongs to all individuals born after the advent of the Internet. These digital natives are born with the right to a specifi c life, developed both in physical and online environment. For them, life cannot have a separate dimension from the Internet. From this perspective, the question arises whether the right to the Internet and the right to digital...
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Societate pe acţiuni. Dreptul acţionarului de a se retrage din societate. Condiţii și efecte
Numărul 2 Anul 2022
The right of the shareholders to withdraw from a joint stock company, in the event of a decision of the general meeting of the shareholders activating the procedure regulated by art. 134 of the Law no. 31/1990, with the consequence that the shareholder who disagreed with such a decision has received from the company the value of the shares in possession, at a value determined by an expert according to the legal procedure, is not conditional up...
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Cele șapte deprinderi ale oratorilor eficienţi
Numărul 2 Anul 2022
In court, the speaker must be effective. The pressure of time and the stakes of the process leave no room for hesitation. At the same time, outside the court, the judicial speaker must conduct his activity according to certain principles that will prepare him not for a plea, but for a career.
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Aspecte vizând prevenirea spălării banilor și combaterea finanţării terorismului (AML/CFT) și aspecte fiscale vizând criptoactivele
Numărul 2 Anul 2022
The study is dedicated to the examination of aspects related to the prevention ofmoney laundering and combating terrorist financing (AML / CFT) and fiscal aspects related to crypto-assets.
Keywords:
prevention of mo...
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Globalizarea democraţiei vs. democraţia globalizării. Semnătura electronică –condiţie ad validitatem sau ad probationem în contractele electronice?
Numărul 2 Anul 2022
Democracy is the only political current that has become unanimously acceptedand is a way of life desired by most people around the world, at least that is the perception of the majority living in areas recognized as being led by democratic governments. The globalization of democracy is the current desideratum of the development of society and the contemporary world is in a continuous transformation due to the advancement of new technolog...
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Pieţele fi nanciare – (posibil) domeniu al dreptului transnaţional
Numărul 2 Anul 2022
The intellectual project of transnational law covers manifold areas. One of these areas is that of financial markets. Transnational realities invite the financial markets to take into account the mechanism of the transnational law itself. The transnational situations require also the combined use of the international law, the quasi-federal law of the European Union and the national legal systems. The interaction of these legal orders is just ...
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Clauza de rezervă a dreptului de proprietate în procedura insolvenţei. Despre opozabilitatea „inopozabilă” sau în căutarea oximoronului juridic perfect
Numărul 2 Anul 2022
The reserve of the title until the full payment of the price (Pactum reservati domini donec praetium solvitur) under the civil and then commercial sale contract had a vertiginous development in the 19th and 20th centuries. As it was not expressly regulated in the Civil Code or the Commercial Code, a wide range of solutions had been released over time – from challenging the validity of this clause by jurisprudence and doctrine, t...
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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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