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Acţiunea în anulare a hotărârii arbitrale în cazul caducităţii arbitrajului
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This article discusses one of the grounds for which the arbitral award may be set aside through the action for annulment, particularly the reason of rendering the award after the expiry of the term of the arbitration, although at least one of the parties has declared that it intends to avail itself of the lapse of the term of arbitration and the parties have not agreed to continuing the procedure. The article covers the requirements for admiss...
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Numirea arbitrului – pilon fundamental al procedurii. Observaţii privind noile Reguli de procedură arbitrală ale Curţii de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ și Industrie a României
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The study takes into account not only the legal rules regarding the appointment of the arbitrator, but also issues closely related to ethics and deontology. Comparative law elements are being taken into account with a special emphasis on the rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
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La compétition réglementaire pour sociétés et actionnaires dans l’Union européenne
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This article discusses regulatory competition for companies and shareholders in the European Union and concludes that it follows the American pattern. The article places an emphasis on the regulatory competition for listed companies.
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Obligaţia de loialitate a administratorilor în lumina noilor perspective europene
Numărul 2 Anul 2018
Numărul 2 Anul 2018
This paper introduces a comparative approach of the fi duciary duty of loyalty in European jurisdictions and examines national regulations and jurisprudential understandings of this duty, which is imported from common law. We will pursue the evolution of interpretations in continental law and analyze recent European studies that extend the scope of loyalty to new areas such as personal data protection or efficient use of natural resources by c...
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The Protection of Intellectual Property Rights under International Investment Law. A Commentary on Bridgestone v Panama
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The protection of intellectual property rights under international investment law has already come under the scrutiny of arbitral tribunals, scholars and the wider civil society with the occasion of such high-profile disputes as Philip Morris and Eli Lilly. Nevertheless, it is only very recently that the first publicly known case in which the protection of intellectual property rights, specifically, trademarks and trademark licences, has been...
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Considerații privind dreptul de proprietate asupra însemnelor referitoare la ieromonahul Arsenie Boca
Numărul 1 Anul 2018
Numărul 1 Anul 2018
A company in England has registered trademarks at EU level brands with the names ”Boca Father” and ”The image of Arsenie Boca”. The right to exploit them in Romania was given to a trading company from Arad, who has summoned many entities not to use them without buying holograms. The police have left icons and souvenirs in this category and triggered criminal investigations for the unlawful use of a trademark.Registration was made in error...
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Unele considerații cu privire la obiectul cererii de suspendare a executării actului administrativ-fiscal în temeiul art. 14 şi art. 15 din Legea nr. 554/2004
Numărul 1 Anul 2018
Numărul 1 Anul 2018
In the present study we did not intend to carry out an exhaustive analysis of the object of the request to suspend the execution of a tax administrative document, respectively of the document issued by the fiscal body that can be the subject of such a claim.Our aim is to study judgments handed out under the New Fiscal Procedure Code where the courts were confronted with this legal issue and have analyzed if a document issued by the fisc...
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Dreptul de a fi ascultat și formele sale în procedura inspecției fiscale
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The article aims to provide a detailed analysis of procedural rights guaranteed by the legislator in favor of taxpayers at the stage of finalization of the tax inspection.These rights, being forms of the taxpayer’s right to be heard whenever the fiscal body is to take a decision on the taxpayer, are also the expression of the right to defense guaranteed by the very Constitution of Romania. Sometimes the legislator provided them as ex...
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Drept comercial sau dreptul afacerilor?
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The issue that we would like to deal with right from the beginning of this paper is the answer to the following question: if there are no traders, are there still trading companies? Is there a commercial law after the adoption of the new Civil Code?This debate is important, because, as we will see, until the new Civil Code was adopted, such distinction was the foundation of private law, namely the distinction between the civil law and the...
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Obligația de păstrare a evidenței activităților de prelucrare a datelor cu caracter personal
Numărul 1 Anul 2018
Numărul 1 Anul 2018
Prior to the General Data Protection Regulation (GDPR), the procedure for notifying the supervisory authority was designed to ensure disclosure of the purposes and main features of any processing operation for the purpose of verification that the operation is in accordance with the national measures taken under Directive 95/46/EC. With the application of Regulation (EU) 2016/679, controllers are no longer required to notify data processing, ho...
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La vremuri noi, principii vechi. Observaţii critice privind două expresii nou introduse în art. 5 al Regulamentului General privind Protecţia Datelor
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The drafting of the General Data Protection Regulation is not only a way of updating the legislation depending on technological development, but also the provision of protection in accordance with the Article 8 of the Charter of Fundamental Rights of the European Union (CFREU). In this paper the aim is to analyze the principles of GDPR, as well as the novelties of the Directive 95/46.
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Adoption de la Directive 2017/828/UE: droits et obligations des actionnaires et autres partenaires des sociétés cotées en bourse
Numărul 1 Anul 2018
Numărul 1 Anul 2018
This article discusses the main elements of Directive 2017/828/UE amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement. Directive 2007/36/EC (Shareholder Rights Directive) was adopted in 2007 and, ten years later, in May 2017, it was strengthened through Directive 2017/828/UE (Shareholder Engagement Directive).The primary objective of the Shareholder Rights Directive was to ensure that nonresident...
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Despre un caz particular în aplicarea Ordonanţei de urgenţă a Guvernului nr. 27/2003 privind procedura aprobării tacite
Numărul 1 Anul 2018
Numărul 1 Anul 2018
The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing re...
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Concentration des bourses et des autres infrastructures de marché européennes
Numărul 6 Anul 2017
Numărul 6 Anul 2017
This article discusses concentration operations have taken place on the EU stock market over the last 20 years, with a particular focus on two recent developments: the merger of the London Stock Exchange Group and Deutsche Börse Group (stopped by the European Commission in 2016 due to antitrust concerns and the merger of the Bucharest stock exchange and the Sibiu stock exchange to form a unique Romanian stock exchange (which was completed effec...
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Cererea de admitere a creanţelor la masa credală. Înscrierea în tabelul definitiv a creanțelor beneficiare a unei cauze de preferință
Numărul 6 Anul 2017
Numărul 6 Anul 2017
In the final table of claims drafted during when opening of the insolvency proceedings, in the case of the creditors who are beneficiaries of a cause of preference, together with the receivable shall be entered its accessories, too.
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