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Pagina 27 din 51
O scurtă istorie a bunei credințe în guvernanța corporativă – formarea și decăderea (obligației fiduciare a) bunei‑credințe
Adina PONTA
Numărul 5 Anul 2017
The paper analyzes the jurisprudential recognition of good faith in corporate governance, initially as a condition of the business judgement rule and subsequently as a component of the duty of loyalty. The objective of this paper is not to identify the contours of this duty, rather it will examine different interpretation methods, the most relevant being the identification of good faith as a distinct and selfstanding fiduciary duty in 1995, and...
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Suspendarea acțiunilor judiciare, extrajudiciare sau a măsurilor de executare silită pentru realizarea creanțelor asupra averii debitorului
Prof. univ. dr. Ioan ADAM
Numărul 5 Anul 2017
Immediate effect of the opening of insolvency proceedings, the suspension of any action against the debtor is imperatively imposed by the law, and stops them at the stage in which they were, including during forced execution. Keywords:
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Anularea actelor frauduloase ale debitorului în insolvența transfrontalieră
Conf. univ. dr. Elena Alina OPREA
Numărul 5 Anul 2017
Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to reduce...
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Scurte considerații despre evaziunea fiscală organizată
Dorin CIUNCAN
Numărul 4 Anul 2017
In our opinion, conviction for committing a crime in associated form, in according of art. 8 par. (2) of the Law no. 241/2005 to prevent and combat tax evasion, requires proving a certain degree of association: a structure, a network, a hierarchy, a program, planning the execution of actions that are sanctioned by criminal / penal law.
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Drepturile patrimoniale ale artistului (II). Dreptul de suită
Dr. Mihaela MOCANU
Numărul 4 Anul 2017
This study, representing the second part of a broader project aiming to analyze the content of the rights of the artists and their status, render an overview of the patrimonial rights of the Romanian artists: use right and the resale right. The controversial resale right representing a neuralgic point of imbalance between the interests of the artist and those of the owner of the work of art, either plastic or photographic.
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Importanţa trimiterilor preliminare în materia protecţiei datelor cu caracter personal. Cauze semnificative şi experienţe româneşti
Prof. univ. dr. Daniel-Mihail ŞANDRU
Numărul 4 Anul 2017
The preliminary ruling references made by Romanian courts or the refusal to make a reference are elements of the judicial relationship between the national courts and the Court of Justice of the European Union, according to art. 267 TFEU. The article analyses the reference for a preliminary ruling made by the Court of Appeal from Cluj (C-201/14, Bara and Others). The purpose of this article is to highlight the importance of applying and interpr...
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Obligaţiile profesionistului care decurg din loialitatea contractuală (II)
Lacrima Bianca LUNTRARU
Numărul 4 Anul 2017
Our research aims to go forward with the legal analysis of the issue regarding the civil liability for professional malpractice, more precisely, identifying special coordinates on which this liability lies. If in the first part we have identified the main obligations of the professional, the second part is intended for special obligations. These kind of obligations are found about all categories of professionals and works as a genuine protect...
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Evoluţia istorică şi geografică a acţiunii colective
Ioan Ilieş NEAMȚ
Numărul 4 Anul 2017
The class action had undergone an extremely sinuous and complicated historical evolution. With origins that go back to XIIth century Medieval English Law, it has been subjected countless times to reforms and reconfigurations in order to adapt it to the needs of a certain era. Initially build as an instrument for the strong and few in their fight with the many and weak, the class action had transformed into a useful and efficient instrument for...
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Intrarea debitorului în faliment – procedură, cazuri, efecte
Prof. univ. dr. Ioan ADAM
Numărul 4 Anul 2017
Law no. 85/2014 on insolvency proceedings regulates, in addition to the judicial reorganization procedure, the bankruptcy procedure, which applies in cases expressly provided by law, being the final solution through which creditors can satisfy their claims. Keywords:
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The Ad-hoc Mandate. Legislative and Jurisprudential Aspects
Tudor Andrei RĂDULESCU
Numărul 4 Anul 2017
As shown in the literature, preventing insolvency and, if possible, removing its incidence effects on the commercial activities is at least as important as the insolvency procedure itself. As a result, the ad-hoc mandate can help the debtors in financial difficulty to maintain their business until they manage to generate cash. Considering the importance of ad-hoc mandate as a way of saving those companies from insolvency, through this article...
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Fiducia. Condițiile de fond și de formă. Efectele contractului de fiducie
Lect. univ. dr. Sergiu GOLUB
Numărul 4 Anul 2017
This article continues the series and proposes a brief analysis of the substantive and form conditions of the trust contract. If, as far as the substantive conditions are concerned, the legal text does not intend to innovate, the legal text is more than innovative in terms of form and formalities required for enforceability against the third parties. Without any claims of exhaustion of these aspects, the second part of this article is an essay...
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Despre natura juridică a contractului de administrare dintre o societate comercială și administratorii acesteia
Prof. univ. dr. Titus PRESCURE
Numărul 4 Anul 2017
This paper is addressing the thesis of the existence of a named management contract, having its own physiognomy and legal regime. This legal concept is analyzed both from the perspective of the special provisions of the Law no. 31/1990 – the law of companies, as well as of the new provisions of Civil Code, especially regarding the administration of the goods of another.Arguments supporting the authors’ conclusion that the management con...
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Sensurile noțiunii de întreprindere
Traian-Mihail ȘTEFĂNESCU
Numărul 4 Anul 2017
The concept of „undertaking” is used in several branches of law, but in each of these branches of law the notion of „enterprise” has a different meaning. This paper aims to summarize the definitions and characteristic features of the „enterprise” in the meaning of civil law, competition law and fiscal law, and to present the relevance of these definitions to the respective branches of law.
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Întreprinderea – un concept distonant
Prof. univ. dr. Ioan SCHIAU
Numărul 4 Anul 2017
The Civil Code took over the „undertaking” concept, a specific feature of the Commercial Law, and extended its application to the activities of any „professional”, without taking into consideration the lucrative or non-lucrative nature of these activities; unfortunately, neither of these two concepts do not enjoy an extensive regulation under the Romanian law, their legal outline being construed, mainly, through doctrine and case law. Under the...
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Jurisprudența recentă a Curții Federale de Justiție a Germaniei în materia comisioanelor de acordare a creditului și de administrare a contului în cazul contractului de economisire și creditare în domeniul locativ
Lect. univ. dr. Dan CĂRĂMIDARIU
Numărul 3 Anul 2017
Germany’s Federal Court of Justice continues to elliminate from consumer credit contracts those fees which it regards as unfair, ruling out that on the grounds of the lack of counterperformance there is an imbalance between the parties rights and liabilities. Two recent decisions, dating November 2016 and May 2017 (XI ZR 552/15 and XI 308/15) extend the control of the unfair character of terms to the Bauspar contractual savings scheme, which ...
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