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Pagina 13 din 49
Despre obligația de motivare în dreptul fiscal (I)
Numărul 4 Anul 2021
The statement of reasons within the administrative tax decisions issued upon the conclusion of a tax audit, but also in the administrative procedure of reviewing the tax appeals continues to represent an aspiration. This paper is an essay to highlight that the achievement of an appropriate state of reasons in the field of the administrative tax decisions needs both legislative interventions, consisting especially in the amendment of the secon...
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Impactul MiFID II asupra pieţei de capital românești din perspectiva intermediarilor financiari
Numărul 3 Anul 2021
The international financial crisis in the 2008-2010 period has had significant consequences within the European Union member states. The spillover effects of the financial crisis were also based on the deficiencies in the stock market regulation. As a result, a new European Directive had to be adopted in order to correct the legislative gaps in an area characterized by high dynamism.The adoption of MiFID II in 2014 pursued a number of o...
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Noţiuni introductive de marketing avocaţial
Numărul 3 Anul 2021
The lawyer can promote his services either implicitly, through the results of his work, or explicitly, by observing the normative regulations and using communication methods adapted to its clients. The purpose is a transparent communication and the retention and loyalty of those on whom the entire professional activity of the lawyer depends. ...
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Criptomonedele și tehnologiile aferente acestora
Numărul 3 Anul 2021
The study is dedicated to the presentation of digital currencies’ classification and essential terms related to cryptocurrencies and to technologies that powers them. Keywords: cryptocurrency, digital cu...
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Clasarea pentru lipsa vinovăţiei în cazul infracţiunii de fals în înscrisuri sub semnătură privată
Numărul 3 Anul 2021
Whenever a prosecutor decides not to prosecute an offence on the reason that it has not been committed with the guilt specifi ed by law, the judicial body should carefully examine the author’s subjective position and the factual elements on which this position is construed. In this article I will discuss the merits of such a solution in a case of a crime of falsifying private documents, from a real-life caselaw, in which both the prosecutor a...
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Funcţia de garanţie a contractului de factoring
Numărul 3 Anul 2021
The popularity of the factoring means that the atypical contract can no longer be called just a marginal financial service, but a significant element of the short-term financing instruments.It can be compared to several types of regulated contracts or can be considered as related legal institution: sale, lending, forfeting, but first of all, it’s separation from the debt assignment agreements is the most relevant.The factoring cont...
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Consideraţii practice și teoretice privind recunoașterea unor hotărâri judecătorești pronunţate de o instanţă a unui stat membru al Uniunii Europene
The study aims to address an issue that is specifi cally related to the Romanian private international law, being borderline regulated by EU law regarding de jure recognition of judgements passed in another member state, and also the issue of acknowledging by means of a judicial procedure the inexistence of a case for the refusal to recognise such a judgement. To this end, the study offers possible remedies for the Romanian national judge to ...
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Este viitorul dreptului internaţional transnaţional? Două ipoteze comerciale
Numărul 3 Anul 2021
We have been taught to assess international law as being the exclusive ’product’ of the nation-States. In the 21st century, international law became the ‘product’ of the private actors also. At least in the area of commercial life, the concept of ‘transnational law’ encourages such private actors to issue specific rules applicable beyond and not between the territories of the nations-States. The idea of legal pluralism nourishes the identity ...
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Răspunderea juridică a inteligenţei artificiale în materia comerţului electronic
Numărul 3 Anul 2021
We speak of Artificial Intelligence with reference to the ability of a machine to reproduce typically human intellectual functions. In this particular field, enormous progress has been made in recent years, leading to the creation of more and more human-like-machine. This circumstances is not without legal consequences: how to behave in the event that an action of a machine equipped with Artificial Intelligence leads to the occurrence of a cri...
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Dreptul de a petiţiona vs. abuzul de drept și frauda la lege în era digitalizării
Numărul 3 Anul 2021
This article focuses on the right to petition. The paper also analyses the limits of the petitioner’s rights, as well as the legal procedures that must be followed when citizens are acting in order to solve a personal issue related to public authorities.The public authorities have to adapt their internal procedures to the new challenges imposed by the technology, so that the relationship “citizen-public authority” become a win-win colla...
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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up” (II)
Numărul 2 Anul 2021
If eloquence is the nucleus around which revolve all the other elements of oratory before the court, the judicial oratory would not be complete without the presence and the abstinence of the litigant. Knowing how to present yourself and knowing the right time to censor yourself are qualities that shape the portrait of a successful speaker. ...
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Finanţarea participativă, multifinanţarea sau crowdfunding. Arhitectura juridică
Numărul 2 Anul 2021
In the midst of the technological revolution, the financing of various projects could not be eluded by the phenomenon of digitalization. The general ease of accessing the Internet and social networks has reshaped an old method of funding, based on funds obtained from the general public. Nowadays, crowdfunding developed through online platforms is experiencing an exponential growth, whether the beneficiaries are natural persons, cultural-artist...
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Relevanţa elementului subiectiv în ipoteza abuzului de drept
Numărul 2 Anul 2021
It is well-known that, in principle, no person entitled to a civil subjective right can be held liable for the damage caused by exercising that particular right. However, the principle of good faith and the obligation which is the result of it requires that the exercise of any civil subjective right respects its rigor. On the one hand, this means that the civil subjective right must be exercised for the purpose that has been recognized by law a...
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Protecţia datelor cu caracter personal în cadrul reţelei de franciză. Natura raporturilor dintre francizor şi francizaţi: operatori asociaţi
Numărul 2 Anul 2021
The relationship between the franchisor and the franchisees of his network is complex and must be regulated contractually also with regard to the obligations related to the processing of personal data. Due to the way the franchise is regulated, the relationship between the franchisor and the franchisee will always be of associated operators. ...
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Destinul transnaţional al unei doctrine: forum non conveniens
Numărul 2 Anul 2021
The interplay between the concept of jurisdiction and forum non conveniens theory is more or less stormy. At least in the European Union, such interplay ismanaged in favour of actor sequitur forum rei doctrine. This paper retraces thetransnational fate of forum non conveniens doctrine. As the European Union intends to be and to remain a global player, it cannot neglect anymore, at least in the its so-cal...
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Pagina 13 din 49