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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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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up”
Numărul 1 Anul 2021
In the age of the IT revolution, knowing is no longer enough. The essential premise of performance is the application of information (know how). The skills needed by legal professionals are no exception, and judicial oratory is the most important form of exposing and capitalizing on information. Eloquence is the nucleus around which revolve all the other elements of oratory before the court.
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Măsuri adoptate la nivel european de flexibilizare a reglementărilor bancare în vederea susţinerii continuităţii activităţii antreprenorilor
Numărul 1 Anul 2021
Given that, amid the restrictive measures imposed by the pandemic coronavirus, economic activities are affected by the bottlenecks created, the European Commission has intervened through a series of measures to streamline the functioning of banking systems so that they can provide the necessary funding for sustaining business continuity and for consumer survival.To this end, the European Commission has adopted a Banking Package to help
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Dreptul transnaţional și comerţul: posibilă introducere
Numărul 1 Anul 2021
‘Transnational law and trade’ is one of the legal topics which are worth to be debated all over the world. In my paper I suggest some ways of addressing the present and future transnational situations. Past transnational situations may provide a methodological help in this respect.
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Utilizarea cookie-urilor în lumina legislaţiei privind protecţia datelor cu caracter personal
Numărul 1 Anul 2021
Cookies have become an almost constant presence in the online environment. In such context, site operators need to pay particular attention to the use of such technology, especially from the perspective of the legislation concerning personal data protection in the electronic environment. This text aims at summarising the general legal requirements applicable to the use of cookies and to draw attention, without envisaging to comprehensively dea...
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Consimţământul – un cameleon între temeiurile prelucrării datelor cu caracter personal
Numărul 1 Anul 2021
The specific legislation on the protection of personal data provides operators with six grounds on which they can collect and process such data, and choosing the most appropriate one for each situation is not always an easy task. One of the six legal grounds is the consent of the data subject, and the manner in which it is regulated and private law habits could create the impression that consent is the „king” of the grounds for the processing...
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Impactul noilor tehnologii în funcţionarea societăţilor pe acţiuni
Numărul 1 Anul 2021
The most important event in the life of a joint stock company is the general meeting of shareholders, be it either ordinary or extraordinary, a meeting in which the shareholders establish, by vote, the direction of the development course of its activity. Traditionally, the expression of the vote in the general meeting was done within the organized framework of the meeting by expressing it directly or through a representative. The evolution of s...
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„Pandemia economică” sau schimbarea regulii neintervenţionismului statului în vederea continuării afacerii
Numărul 6 Anul 2020
Throughout history, there have been many discussions about the manner of State intervention in capitalist economies, namely pure liberalism (and non intervention of the State) or State interference, in order to harmonize particular interests with the general interest.Romania has adopted a series of measures regarding the economic, financial, and social consequences of the spread of COVID-19, including by granting a number of incentives, ...
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Accesoriile creanţelor care beneficiază de o cauză de preferinţă în procedura insolvenţei
Numărul 6 Anul 2020
Pursuant to art. 103 of Law no. 85/2014, the claims benefiting from a cause of preferance are entered in the final table and / or in the final consolidated table, as the case may be, at the value corresponding to the good affected by the guarantee, as it is assessed by the appraiser, according to International Evaluation Standards.The legislator imposes a maximum limit on the value resulting from the valuation, namely the value (amount)...
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Examen al practicii judiciare în materia atragerii răspunderii organelor de conducere ale debitoarei aflate în încetare de plăţi. Concursul dintre atragerea răspunderii administratorului în condiţiile art. 169 din Legea nr. 85/2014 și deciziile de atragere a răspunderii solidare emise de organul fiscal din perspectiva regulii non bis in idem
Numărul 6 Anul 2020
Analysis of the judicial practice regarding the liability of the insolvent Debtor’s management bodies. The concurrence between the attraction of the director’s liability under the terms of art. 169 of Law no. 85/2014 and the fiscal decisions implying the director’s joint and several liability for fiscal debts.
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Asocierea în participaţie – de la fiducia romană la struţo-cămila română…
Numărul 6 Anul 2020
With a history of about 125 years, the unincorporated partnership/joint venture has managed to come into prominence in the daily legal life as a usual, familiar presence, not raising significant problems (doctrinal and jurisprudential equally).A regulation more than compact – articles 251-256 of the Commercial Code – placed in Title VIII On companies and commercial associations, Chapter II On associations (after Chapter I On companies), S...
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Consiliul de administraţie vs. consiliul de supraveghere –implicaţii, competenţe și limite în actul de administrare al societăţii pe acţiuni
Numărul 6 Anul 2020
The Board of Directors and t he Supervisory Board are two essential structures within the operating mechanism of a joint stock company, both structures are organized as collegial bodies of the company, the operating of one or the other being organized within a joint stock company in accordance with its management system as decided by the shareholders, at the establishment of the company or afterwards, during its operation, by a resolution of th...
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