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Pagina 24 din 51
Clauze de redevenţă privată în contractele de investiţii miniere
Numărul 2 Anul 2019
Numărul 2 Anul 2019
As non-participating tools to outcome of a mining project or making an investment, private royalties are complex provisions and agreements that reflect the degree of business planning, local risks, and include the assumptions of future exploitation.Developed as a contractual practice in large mining companies, these clauses have been improved during use and as a result of incidents or case laws, so the current can be used in a...
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Copyright versus droit d’auteur. Drepturile morale: protecţia conferită realizatorilor de opere cinematografice
Numărul 2 Anul 2019
Numărul 2 Anul 2019
In the usual language, the phrase „droit d’auteur” and the word „copyright” areconsidered synonymous. The meanings of the two terms, however, are different and may generate ambiguities. Neither of the two legal terms – „droit d’auteur” or „copyright” – fails to defi ne the mechanism of protecting the creations of the spirit nor the richness of the provisions included. Among them, the moral rights conferred on the author of cinematographi...
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Recuperatorii, banii şi românii. O evaluare a încercărilor României de a legifera colectarea abuzivă de creanţe
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The present article addresses the subject of collection of claims and abusive practices used by the entities having this object of activity, a subject that still does not generate sufficient interest in the academic literature in Romania. On the one hand, the article chronologically enumerates all draft law on debt collection and makes a juxtaposition of their declared goals with the solutions proposed by them in order to assess their degree o...
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Impactul deciziei CJUE în Cauza C-542/16 asupra activităţii de distribuţie de asigurări
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The paper briefly presents an analysis of the CJEU’s decision in Case C-542/16 that refers to the mediation of unit-link life insurance. There are discussed the main facts envisaged by the court, the reasoning of the court and the impact of the outcome of the decision for the insurance mediation activity. In brief, the CJEU ruled that the insurance mediation does not consist only in proposing insurance agreements, but also in undertaking step...
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Pot fi neuzuale clauzele standard specifice unui sector de business?
Numărul 1 Anul 2019
Numărul 1 Anul 2019
In most business areas, economic dynamics has generated the need to standardize contracts, with professionals currently using industry-specific market clauses in their fields.Firstly, a literal analysis of art. 1203 Romanian Civil code concludes that as long as a standard clause is at the expense of the other party or in favor of the proposer, that clause can be qualified as an unusual clause.Secondly, a teleological interpretation ...
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Dreptul martorului de a nu se acuza. Inutilizabilitatea şi excluderea probei. Jurisprudenţă
Numărul 1 Anul 2019
Numărul 1 Anul 2019
The present study extracts from multiple romanian and foreign judicial decisions a series of jurisprudential rules concerning the sanctions applicable to the deposition given by the witness in his own cause: according to the principle nemo tenetur se detegere the deposition cannot be used. The sanction is determined by the functionality of the deposision as an incriminating evidence. The violation of the said principle by the obtaini...
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Timpul de repaus – necesitatea formulării unei trimiteri preliminare la Curtea de Justiţie a Uniunii Europene
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The decision to send a preliminary reference to the ECJ belongs to the national judge, if there is a doubt on the interpretation of a rule contained in an European Union act. The article argues on the need for a uniform interpretation by the ECJ on the provisions on daily rest of the Directive 2003/88/EU.The paper analyses the factual and legal situation in the context of preliminary reference principles on the necessity to send prelimi...
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Controlul în materia garanţiilor financiare
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Without intending to cover a complete presentation of the financial collateral and related legal issues arising from the entering into such agreements, we tried to make a short analyses of the aspects that, in our opinion, may trigger different interpretations in practice. From this perspective, we intend to review the legal concept of control, concept characteristic to financial collateral. Thus, considering that the institution of control is...
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Particularităţile contractelor bancare în privinţa adaptării clauzelor abuzive
Numărul 4 Anul 2018
Numărul 4 Anul 2018
Being the reflection of mixed operations, banking contracts involve a number of peculiarities. In the present study, we aimed to highlight the particularities of banking contracts, especially as regards the admissibility of court intervention to remedy the nullity of unfair terms in credit agreements.The court which has established the unfairness of a clause in a consumer credit agreement is required to remove it application by default. ...
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Inovări şi reevaluări în privinţa drepturilor persoanei vizate în Regulamentul nr. 2016/679
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The General Data Protection Regulation (GDPR) has led, through its entry into force, to concentrating energies for the study of privacy, in particular data protection, as fundamental human rights. The center of interest has been and is marked by the limits of sanctions, but these sanctions are aimed at failing to respect the rights of the data subject, as the natural person is the main subject of the Regulation. The interest in the novelty of ...
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Securitatea fizica în contextul Regulamentului privind protecţia datelor cu caracter personal
Numărul 4 Anul 2018
Numărul 4 Anul 2018
As of May 25, 2018, there have been numerous debates on the basis of Regulation (EU) 679/2016 on the protection of personal data („the Regulation”), focusing in particular on those personal data processing that are carried out in the context of the deployment business activities in departments such as HR, marketing, or sales.Very little has been said about data processing in the context of the implementation of physical security measures...
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Dreptul de acces al persoanei vizate în jurisprudenţa relevantă
Numărul 4 Anul 2018
Numărul 4 Anul 2018
The right of access is placed at top of the rights of the person concerned. This situation results in greater accountability of the operator or the person empowered by the operator as well as the data protection officer.
Keywords:
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Intabularea construcţiilor nefinalizate, o procedură într-adevăr benefică?
Numărul 3 Anul 2018
Numărul 3 Anul 2018
We draw attention to a matter of interest which, insofar as it is not carefully monitored by the persons in charge of control in the field, may give rise to abuses in the process of transferring ownership of the buildings. We will refer to the unfinish ed constructions, for which the investor obtained the building permit, started the works, but did not finish them, the minutes of the reception at the end of the works are not concluded.
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Soluţionarea revendicărilor și a disputelor în conformitate cu H.G. nr. 1/2018 şi a Regulilor de Arbitraj ale Curţii de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României
Numărul 3 Anul 2018
Numărul 3 Anul 2018
On January 11, 2018 – through the entry into force of the Government Decision no. 1/2018 – Arbitration is reintroduced as a way of settling disputes in national contracts (known as Fidic Red and Fidic Yellow), and this normative act removes the Dispute Settlement Committee. Also as a novelty, the arbitration will be settled in accordance with the Rules of the International Commercial Arbitration Court attached to the Chamber of Commerce and Ind...
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Regulile de la Praga, alternativă la Regulamentul IBA privind administrarea probatoriului în arbitrajul internaţional
Numărul 3 Anul 2018
Numărul 3 Anul 2018
This article seeks a plea for efficiency tools that are made available to users to streamline arbitration procedures and to inform Romanian users about the existence of the Prague Rules and how they are prepared to respond to the issues addressed in their contents.A Working Group was set up to establish a set of international rules in accordance to the entire arbitration community for obtaining evidence in international arbitration based ...
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