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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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Deosebiri între fiducie şi trust
Numărul 3 Anul 2018
Numărul 3 Anul 2018
Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the „crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.Hence the most ...
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Abuzul de poziţie dominantă
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Ownership by a company of a dominant position on the relevant market is not prohibited, as a result of the efficiency of the business carried out. A dominant position is sanctioned if it has been illicitly acquired or exploited abusively.Abuse of a dominant position is manifested when, by its behavior, a trading company influences the structure or degree of competition on that market by using manifestations, anti-competitive practices, ...
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Prezumţia de nevinovăţie în
dreptul concurenţei
Numărul 2 Anul 2018
dreptul concurenţei
Numărul 2 Anul 2018
This paper highlights a frequent error in the analysis, by the public authorities and by the courts, of the infringements of the competition rules provided by Romanian Competition Law 21/1996 and by the Treaty on the Functioning of the European Union. The error comes from the fact that, when assessing potential anticompetitive behaviours, especially since the ECHR decision in Menarini Diagnostics case (2011), the presumption of innoc...
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Asemănări între fi ducie şi trust
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Fiducia could not be treated without revealing the similarities it has with the institution of trust. The similarities between fiducia and trust are both evidence of the “linkage” of the two legal instruments and the extent of a potential simultaneous use of these contracts. Starting from the common object, the number and role of each of the fiducia and trust participants and the way the separation of fiduciary property assets and the types of...
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Natura juridică şi fundamentul acţiunii directe a beneficiarului sau posesorului cambiei împotriva acceptantului sau avalistului în contextul noului Cod civil
Numărul 2 Anul 2018
Numărul 2 Anul 2018
The Direct action is a means of achieving claims specific to situations where there is no contractual relationship between the creditor and the debtor or the defendant of the direct action, but the creditor may take the action to see his claim paid.Direct action is a privilege assigned only to certain creditors expressly prescribed by law. Bold direct action is part of this narrow circle of direct payment actions, being regulated from th...
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Absenţa protecţiei dreptului de proprietate asupra instrumentelor financiare în dreptul român
Numărul 2 Anul 2018
Numărul 2 Anul 2018
Without requiring any mandate from the owner of financial instruments, a financial services agent authorized to access the Central Depository’s computer system may transfer those titles from the individual account of the owner to any individual or global account.
Keywo...
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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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