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Obligaţiile profesionistului care decurg din loialitatea contractuală (II)
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 4 Anul 2017
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
Numărul 3 Anul 2017
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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Timbrajul special în cazul rezoluțiunii unilaterale extrajudiciare și al rezoluțiunii de drept
Numărul 3 Anul 2017
Numărul 3 Anul 2017
The new Civil Code innovates the sanction of contract rescission as far as substantial law is concerned, but an adaptation of the procedural law occurs as well, Government Emergency Ordinance nr. 80/2013 concerning the judicial stamp duty being enacted especially in order to adapt the payment of tax to the new judicial institutions created by this legal norms codex. By excluding the institution of finding the unilateral extrajudicial rescissio...
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Constantele răspunderii civile a
profesionistului (I)
Numărul 3 Anul 2017
profesionistului (I)
Numărul 3 Anul 2017
The issues regarding the civil liability of the professional incites increasingly the interest of the theoreticians, and even more of the legal practitioners being often cited in the settlement of the cases subject to judgment. Our analysis aims to outline the main references which rank this legal institution, trying to sustain with solid arguments the need for the acknowledgement of freestanding liability, separated in relation to other assu...
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Costurile arbitrale în procedura de arbitraj internaţională, Regulamentul ICC, Regulamentul ICSID. Criteriul de alocare a costurilor arbitrale. Plata TVA-ului către arbitrii din perspectiva Regulamentului ICC
Numărul 3 Anul 2017
Numărul 3 Anul 2017
By inserting the arbitration clause in their contract, the Parties agree that they shall both bear the costs of the arbitration proceedings equally.In its decision regarding the costs, the arbitral tribunal will consider any and all of the circumstances it deems relevant, including if and to what extent the each party carried its part of the arbitration in a time and cost-efficient manner.Regarding the subsequent allocation of cost...
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Aspecte juridice și economice privind investițiile făcute prin programul de imigrare EB-5, S.U.A.
Numărul 3 Anul 2017
Numărul 3 Anul 2017
This paper examines the EB-5 immigration visa, created by the United States through the Immigration Act of 1990. The Immigration Investor Programm allows immigrants to earn their Green Card / American Citizenship by investing in American businesses. Investments range from commercial real estate to solar energy plants and could only be received by an economic unit defined as a Regional Center. It also focuses on the legal aspects of regional ce...
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Răspunderea nelimitată a asociaților cu răspundere limitată în baza art. 2371 din Legea societăților nr. 31/1990
Numărul 3 Anul 2017
Numărul 3 Anul 2017
The mechanism or technique of lifting the corporate veil, which consists of ignoring the legal personality when it is used by associates as a schield for defrauding creditors is regulated in several normative acts. In corporate matters, relevant are the provisions of art. 2371 of Law no. 31/1990, which is the main object of our analysis. In the Preliminaries, we review the general rationale for seting up legal entities, particularly companies...
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Despre admisibilitatea acordării de împrumuturi bănești cu dobândă de către persoane fizice și juridice, altele decât cele autorizate în condițiile legii
Numărul 3 Anul 2017
Numărul 3 Anul 2017
The main goal of this study was to perform a research on the interpretation and application of art. 2158 paragraph 2 of the Civil Code, especially in the activity of natural persons. The research plan drawn up for such purpose, considered first of all, the presentation of the general aspects of money loan, and subsequently the examination of the restrictions imposed to loan granting with interest for natural or legal persons, who do not perform...
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