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Pagina 29 din 51
Aporturile sociale – partea a II-a
Numărul 2 Anul 2017
Numărul 2 Anul 2017
This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This second part analyses: in-kind contributions; general aspects; utility of the contributed assets and partial payment of the shares; different in-kind contributions; contribution of a property quota; mixt contribution (part of the asset contributed and another part sold); contribution of shares; contribution of the spouses common assets; c...
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Drepturile morale ale artistului.
Perspectiva jurisprudențială
Numărul 1 Anul 2017
Perspectiva jurisprudențială
Numărul 1 Anul 2017
This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.
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Doctrina grupului de societăţi în arbitrajul comercial internaţional. Evoluţii, controverse şi tendinţe în dreptul comparat şi în dreptul român
Numărul 1 Anul 2017
Numărul 1 Anul 2017
As it has been frequently said – perhaps oversimplifying –, international commercial arbitration is a consensual procedure, meaning that only the parties to an arbitration agreement can participate in the proceeding based on it. But who are, exactly, those parties?It is already commonplace that the effects of an arbitration clause can benefit, or bind, other entities than the formal signatories of the contract containing that clause. On...
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Interfaţa arbitraj comercial – insolvenţă. Elemente de ordine publică în practica arbitrală europeană şi naţională
Numărul 1 Anul 2017
Numărul 1 Anul 2017
This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...
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Delimitarea fiduciei de alte contracte sau operațiuni juridice
Numărul 1 Anul 2017
Numărul 1 Anul 2017
Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provision in...
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Aporturile sociale (partea I)
Numărul 1 Anul 2017
Numărul 1 Anul 2017
This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This first part analyses: the notion of contribution; subscription and payment of the shares; legal characteristics and types of subscription; aspects of private international law; default of payment of the shares subscribed; suspension of the exercise of the shareholders’ rights; damages and late payment; foreclosure of the default sharehol...
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Distanţarea publică în dreptul concurenţei – noţiune, domeniu de aplicare, natură juridică și condiţii de procedură
Numărul 12 Anul 2016
Numărul 12 Anul 2016
„It should be borne in mind that it is suffi cient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participati...
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Răspunderea limitată și răspunderea nelimitată a asociaţilor. Pierderea beneficiului răspunderii limitate
Numărul 12 Anul 2016
Numărul 12 Anul 2016
Limited liability of the shareholders is a fundamental concept of the companies, considering that currently, quasi-unanimity of them, are registered as Joint Stock Companies (Corporations) or Limited Liability Company. Limited liability means that the only one that is liable for the corporate debts is the legal person, not its shareholders. Limited liability works as a veil against the personal liability of the shareholders. Thus, the maximum...
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Fiducia. Analiza definiţiei legale. Diferenţa specifică
Numărul 12 Anul 2016
Numărul 12 Anul 2016
This study is the part dedicated to the legal definition of the trust in the Romanian Civil Code. As we have seen, usually defining a concept shall be made by indicating the genus proximum (the reference piont, the closest in meaning to the notion that is defined) and specific difference differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum...
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Studiu de drept comparat privind insolvenţa persoanei fizice
Numărul 12 Anul 2016
Numărul 12 Anul 2016
The present study represents a doctrinal assessment of the Law no. 151/2015 on insolvency procedures applicable to individuals, which was adopted by quasi-unanimous vote in the Chamber of Deputies on May 20th, 2015. While concluding the comparative analysis in the context of the Romanian judicial system particularities, we express fears that the law will most likely miss the intended target, unless the legislative body amends its c...
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Fighting Online Copyright Infringements: A Neutral Role for Internet Access Providers?
Numărul 11 Anul 2016
Numărul 11 Anul 2016
In the digital age, almost unlimited copies of copyright protected material can be made by millions of people at the same time, and in many cases this is done anonymously. Under such circumstances, right holders are becoming more interested in looking to the gatekeepers of the information available on the Internet (the Internet Access Providers that is) rather than individual users in an attempt to put an end to online copyright infringement....
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Proprietatea periodică – o nouă modalitate a dreptului de proprietate?
Numărul 11 Anul 2016
Numărul 11 Anul 2016
In 70’-80’s timeshare was a legal innovation followed by Western Europe which in the present times sparks no more interest. However, the Romanian legislator wanted to give it a legislative regulation in order to clarify the legal nature of the right. This regulation lacks no criticism, so in this study we have analyzed from several points of view the nature of the right as well as the assumption of inconsistencies between the law and Constitut...
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Fiducia. Analiza definiţiei legale. Genul proxim
Numărul 11 Anul 2016
Numărul 11 Anul 2016
The usual definition of a concept is carried out by indicating the genus proximum (genus proximum is the reference point, the closest in meaning to the notion that is defined) and differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum). In the following we tried to capture the genus proximum – trust. In a future study we will aproach t...
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Impozitarea nerezidenților în Noul Cod fiscal: Treaty override?
Numărul 11 Anul 2016
Numărul 11 Anul 2016
This paper deals with the relationship between the double tax treaties and the methodological rules for the application of Fiscal Code with a focus on the ”net of tax contractual” provisions which are frequently used in the agreements concluded with non-residents. In our view, the provisions from the methodological rules which prevent the application of double tax treaties when the tax is borne by the Romanian income payer override the treaty...
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Executarea silită a părţilor sociale. Scurte consideraţii
Numărul 11 Anul 2016
Numărul 11 Anul 2016
The survey examines the shares enforcement procedure, the rules and restrictions resulted from the observance of the legal status of these securities.
Keywords:
shares, enforcement, public tender, affectio societatis
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Pagina 29 din 51
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