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Pagina 31 din 51
Examen de practică judiciară în materie de Exequatur. Clauza compromisorie patologică și efectele sale
Numărul 8 Anul 2016
This study of juridical practice attempts to present to the practitioners which are the difficulties faced in Romania by the exequatur of foreign arbitral awards, and which are most often caused by pathological arbitration clauses or incomplete arbitration clauses. Key...
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Infracțiunile de bancrută (III). Articolul 241 C. pen. – Bancruta frauduloasă
Numărul 7 Anul 2016
This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 pf the Penal Code. This third part approaches the fraudulent bankruptcy crime. The active subject, although, de jure, not qualified, de facto is an executive within the debtor-legal person. Legal object is analyzed through the constitutive content of the infraction, which regulates three alternative ways of accomplis...
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Mecanisme de soluționare extrajudiciară a conflictelor dintre instituțiile de credit și consumatori
The context in recent years, tailored by the distrust in financial-banking activities manifested by customers such are consumers, and by the existence in this field of a high number of ongoing disputes, has determined and justified the improvement of the legislation concerning the mechanisms of alternative and supplementary access to justice. Numerous alternative methods of dispute settlement can be identified in this respect, regardless of wh...
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Transferul de afacere
The literature has approached the issue of the transfer of business either from a fiscal perspective or when discussing the insolvency procedure, as method to restructure or capitalize the assets of the insolvent debtor or in terms of its connection to the rights of the employees from the transferred company.Therefore, we plan to conduct a comprehensive analysis of this juridical notion, in particular as regards its significance and sco...
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Influenţa dreptului european asupra dreptului național al societăţilor – exemplul fuziunilor transfrontaliere
Numărul 7 Anul 2016
In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member states’ l...
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Repere ale evoluției modalităților dreptului de vot în adunările generale ale asociaților societăților reglementate de Legea nr. 31/1990 privind societățile și de Legea nr. 297/2004 privind piața de capital
Numărul 7 Anul 2016
Through this study we aimed to conduct a historical and critical examination of the ways in which, both the Law no. 31/1990, with all its subsequent amendments, and Law no. 297/2004 referring to capital market, by reference to the European provisions, regulated the conditions and the procedures for exercising the voting rights at general meetings of shareholders, in general and, in particular of joint stock companies shareholders regardless of...
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Infracțiunile de bancrută (II). Comentarii pe articole. Articolul 240 C. pen. – Bancruta simplă
Numărul 6 Anul 2016
This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 of the Penal Code. This second part approaches the simple bankruptcy crime. A natural person and a legal representative of a legal person can be active subject of the infraction, but not the legal person. A focus is made on the legal representative, to define such term with implications both civil and penal, as well ...
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Probleme controversate privind evaziunea fiscală, din perspectiva dreptului penal și procesual penal
Numărul 6 Anul 2016
The paper points out a number of practical aspects and jurisprudential orientations on the crime of tax evasion, including the liability of the legal person and the status of antifraud inspectors. Keywords: Law no. 241/200...
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Les voies de recours contre les sentences arbitrales –comparaison franco-roumaine
Numărul 6 Anul 2016
For arbitration, the arbitral award represents its prime objective, but also its last act.Considering the fact that arbitration is an alternative dispute resolution method, the regularity of this process’s result, materialized in the arbitral award, must be assured. In order to control the regularity of the arbitral awards, national legislations establish legal remedies against them. The examination of the Romanian and French legislations...
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Scrisoarea de așteptări, guvernarea corporatistă și statul-acționar
Numărul 6 Anul 2016
Amendments brought to G.E.O. 109/2011 by Law 111/2016 upgrade Romanian company law from corporate governance principles perspective. State as shareholder switch its position in respect to SOE (state owned entreprises) by no further inactively awaiting outcomes, but attending to setup of general goals and of their mission, related to the expected contribution for the achievement of the governance programme. Amendments are substantial and outline...
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Cauza pendinte C-101/16 pe rolul CJUE, Paper Consult. O posibilă soluție
Numărul 6 Anul 2016
By decision of 21 January 2016, Cluj Court of Appeal referred a request for a preliminary ruling to the Court of Justice of the European Union under Article 267 TFEU, asking, in essence, whether the provisions of Directive 2006/112/EC (the VAT Directive) must be interpreted as precluding the tax authority from refusing a taxable person the right to deduct the VAT owned or paid in relation to a supply of goods, solely on the ground that the supp...
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Înlesnirile la plată în contextul noilor reglementări cuprinse în Codul de procedură fiscală
Numărul 6 Anul 2016
The new Fiscal Procedure Code, in force on 1st of January 2016, addresses once more the issue of payment facilities but from a new perspective, allowing for a codification of the existent regulations in this field and offering a real support for contributors acting in good faith but found in financial struggle.In this newly created context, the fiscal legislator establishes a true payment facility procedure that we have structured in the ...
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Este contractul de fideiusiune unul intuitu personae?
Numărul 6 Anul 2016
The contract that establishes a personal guarantee is not an intuitu personae contract. It is not concluded in consideration of the guarantor person, still less the one of the creditor. The fact that art. 2318 Civil Code provides that a personal guarantee is terminated by death of the guarantor is not likely to signal that it is concluded in consideration of its person. The guarantor death only marks the end of the guarantee contract ...
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Despre patrimoniul de afectațiune profesională
Numărul 6 Anul 2016
The professional patrimony is a juridical fiction based upon which the lawmaker grants a special legal regime to a fraction of the patrimony of a professional, destined for the exercise of a certain profession. This paper aims to reflect the complexity of the relations that reunite various assets, rights and obligations of the professional as well as the consequences of this legal construction, with reference to the special and unique destina...
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Reprezintă mecanismele instituite prin Ordonanța Guvernului nr. 38/2015 un remediu efectiv al supraîndatorării consumatorului român de credite?
Numărul 5 Anul 2016
The study analyzes the recent legal act regarding the consumer protection in relation to professionals, with particular application to the relationship bank – consumer and to the efficiency of the and alternative dispute resolution mechanism between them in terms of its aptitude to be an effective remedy for the consumer credit indebtedness. ...
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Pagina 31 din 51