Arhiva
Pagina 33 din 51
Creditarea, în contextul economic și legislativ românesc
Numărul 3 Anul 2016
Numărul 3 Anul 2016
Romania’s economic policy has undergone a significant change of direction lately. After several years of fiscal consolidation and structural reforms, closely monitored by the IMF and the European Commission, the fiscal position of the country seem to change. Relaxation measures were implemented in 2015, as VAT cuts and wage increases. Some of these have already been implemented last year, while a new set of measures enter into force in 20...
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Consideraţii practice privind denominarea creditelor în CHF
Numărul 3 Anul 2016
Numărul 3 Anul 2016
The hereby article aims to present a short analisys of the legal grounds of the claims filed by the borrowers who were afforded loans in HUF, claiming the repayment of the loans at the exchange rate applied by the bank on the date of advance of the sum borrowed and the repayment of the loan instalments in RON, but, most importantly, of the legal grounds of the few decisions by which these claims were granted.There is an unprecedented ten...
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Clauze abuzive în contractele de credit, așa cum rezultă din practica judiciară
Numărul 3 Anul 2016
Numărul 3 Anul 2016
After the intensification of the banking credit activity in the latter part of the 2000s, the economic crisis, the devaluation of the national currency and the decline of the purchasing power, the consumers that were parts in the credit contracts initiated legal actions against the commercial banks.Although the national legislation came into force several years before, the disputes in the matter of the protection of the consumer law issu...
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Compatibilitatea unui mecanism automat de dare în plată cu executarea contractelor de credit bancar
Numărul 3 Anul 2016
Numărul 3 Anul 2016
By approving the Law regarding datio in solutum, the Parliament intended to create a special form for an old institution – datio in solutum – especially by eliminating the necessity of obtaining the consent of the creditor for this mean of accomplishing through payment the obligations. The solution addopted produces some effects, which are unclear as being avoided through a general derogation from the Civil code, and could lea...
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Negocierea între părți a contractului de credit
Numărul 3 Anul 2016
Numărul 3 Anul 2016
The paper highlights the role and importance of negotiation between the parties to the credit agreement in order to achieve the object of the contract. Being the legal instrument through which the parties materialized their goals on the desired consumer credit and offered by the bank; the credit agreement shall contain any provision that would lead to achieving the outcome pursued by the parties.The first phase of negotiation is performe...
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Autoritatea tribunalului arbitral de a exclude un arbitru lipsit de etică
Numărul 2 Anul 2016
Numărul 2 Anul 2016
The purpose of this paper is to identify and investigate the current status of arbitral institutions’ and arbitration courts’ authority to sanction violations of unethical lawyers in cases of conflicts of interest. The parties have a fundamental right to choose their lawyer and also an independent and impartial tribunal, therefore the power source of the arbitral tribunal to exclude/disqualify a lawyer requires clarifications, since lately it h...
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Câteva consideraţii cu privire la compensația legală în procedura insolvenţei
Numărul 2 Anul 2016
Numărul 2 Anul 2016
The institution of legal set off suffered several modifications during the transition from the old Civil Code to the new Civil Code. Some alterations were foreseeable and understandable; others were the illustration of a sinuous legislative dynamics.The combination between national legislative “mutations”, bankruptcy rules related to compensation, and European rules regarding set off will generate “the recipe for success”. The issue is w...
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Considerații critice privind aplicarea art. 207 din Legea nr. 71/2011 pentru punerea în aplicare a Legii nr. 287/2009 privind Codul civil
Numărul 2 Anul 2016
Numărul 2 Anul 2016
The study critically analyzes the text of art. 207, para. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, according to which the new rules of conflict will immediately apply in all cases when the submission of the claim in front of the court or other competent authority was registered after the date of entry into force of the new Civil Code (1 October 2011). The legislator does not refer to the date when th...
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Protecția creditorilor sociali în procedura de retragere și excluderea asociaților
Numărul 2 Anul 2016
Numărul 2 Anul 2016
Withdrawal and expulsion have effects not only over one’s position as a member of a company, by ceasing the membership, but also over the net assets of the issuer of the respective shares, own by the withdrawn or expelled member. These are acquired by the issuer, which either cancel them, either keep them as treasury.Due to the fact that members’corporate claims are satisfied over the very issuer, the question raised is the protection o...
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Unele consideraţii privind exercitarea dreptului de vot în cadrul adunării generale a acţionarilor prin mandatar
Numărul 2 Anul 2016
Numărul 2 Anul 2016
The General meeting of shareholders is one of the most important events in the life of a joint-stock company, during which the most important decisions for the functioning of the company are taken. These decisions represent the collective will expressed by the vote of shareholders given directly, by mail or through a proxy.
...
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Divizarea societăţilor comerciale – operaţiune în frauda creditorilor. Examen jurisprudenţial
Numărul 2 Anul 2016
Numărul 2 Anul 2016
The purpose of the study is to analyze the answer of the judiciary practice to the issue of sanctioning a less ”orthodox” manner of defrauding the unsecured creditors – by allotting and grouping the ”undesirable” creditors to a certain entity resulted from a division, followed by a collective procedure. This ”modus operandi” is more frequently used whereas the unsecured creditors lack the effective procedures – oposition to division –...
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Introducere în probleme de etică privind arbitrii și avocații în arbitrajul internațional
Numărul 1 Anul 2016
Numărul 1 Anul 2016
In the arbitral proceedings particular ethical issues concerning conflicts of interest of the legal representatives of the parties could occur. The purpose of this article is to identify some aspects of ethical issues codification and possible standardization concerning arbitrators and lawyers and the arbitrators’ authority to investigate the current state of the arbitral tribunals and arbitral institutions to sanction misconduct in the conduc...
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Interpretarea Convenţiei de la Viena asupra contractelor de vânzare internaţională de mărfuri de către Curtea de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României
Numărul 1 Anul 2016
Numărul 1 Anul 2016
The interpretation of the Vienna Convention on the International Sale of Goods by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania is made through the analysis of recent case law. The paper examines more than 40 arbitral awards. The analysis takes into account both ratione personae and ratione materiae of the Convention.
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Reforma regimului european al insolvenţei transfrontaliere: Regulamentul nr. 848/2015
Numărul 1 Anul 2016
Numărul 1 Anul 2016
Reform of the European cross-border insolvency rules: EU regulation 848/2015. On May 2015, 20th, the European legislator enacted the EU regulation 848/2015 on insolvency proceedings (Recast Regulation). The new text, amending and repealing the EU regulation 1346/2000, includes a series of innovations aiming to improve his general functioning and to bring more efficacy and efficiency in cross-border insolvency proceedings in Europe. The study ...
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Contractul de intermediere
reglementat de noul Cod civil
Numărul 1 Anul 2016
reglementat de noul Cod civil
Numărul 1 Anul 2016
The intermediation contract, whilst being already mentioned in the abrogated Commercial Code, has been defined and regulated only in the new Civil Code.Aiming to intercede the conclusion of various contracts, the intermediation contract is frequently met in practice as a reals assets brokering contract. Unfortunately, brokerage in real assets is a field that is insufficiently and inadequately regulated by the Romanian law.
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