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Pagina 36 din 53
Câteva consideraţii cu privire la compensația legală în procedura insolvenţei
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
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
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a company, by ceasing the membership, but also over the net assets of the issuer of the respective shares, own by the withdrawn or expelled member.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
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
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
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
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
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
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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Măsurile asigurătorii în noul Cod de procedură fiscală
Numărul 1 Anul 2016
By entering into force of the Law no. 227/2015 regarding the Fiscal Procedure Code, a number of changes were made regarding the fiscal regime of the precautionary measures.The most important changes aim the provisional character of the precautionary measures and the explicit regulation of the exceptional character in which this kind of measures may be ordered. There are also important changes regarding the procedure to be followed by the...
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Tratamentul fiscal al pierderilor de stocuri în România. Comparație cu reglementările din Uniunea Europeană
Numărul 1 Anul 2016
Inventory losses can be encountered in various stages of the production – distribution – sale cycle, starting with the raw material acquisition within the production process and ending up with losses generated within the sale process of certain goods.Regardless of the cause of losses (perishable, damaged goods, technological losses, stolen goods etc.), they have a significant fiscal impact in the business activity, both on profit tax and...
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Desființarea RASDAQ și lansarea AeRO – Sfârșitul unei ere și un nou început
Numărul 12 Anul 2015
Dismantling of RASDAQ Market and launching of AeRO can be considered the most important events on the Romanian capital market lately. The main outcome of Law no. 151/2014 and the implementing regulation was the clarification of this segment of the capital market, and the necessity and success of this law is obvious and imperative in order to start a new stage on the Romanian capital market.
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Limitări și conflicte de interese la numirea și în exercitarea mandatului de administrator al unei societăți comerciale
Numărul 12 Anul 2015
Members of the board of directors or board of supervisors mandate bears legal limitations and possible statutory limitations in order to ensure a fair administration, in the company’s interest, as it is sees by the law and the shareholders. To prevent the tendency of putting the personal interest above the company’s one, the law sanctions not only general issues, but defines certain particular situations considered presumptive conflictual form t...
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La liberté de création, entre censure et droit d’auteur
Numărul 12 Anul 2015
Freedom of creation is always recognized rather as a specific fundamental right, different from the freedom of expression, because “art is not discourse”. Although sometimes presented as a competitor to author rights (the latter establishing a monopoly that allows its holder to censor the distribution of any work connected with his/hers), freedom of creation could, however, complement copyright and even specify its protection perimet...
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Aplicarea în timp a metodologiilor reglementate de legea dreptului de autor și drepturilor conexe
Numărul 12 Anul 2015
The legal utilization of the creations in cases for which the law or the parties’ convention stipulates collective administration as the way to exercise the patrimonial copyright implies the conclusion of a non-exclusive authorization with a collective administration body. The non-exclusive licence contract imputes to users the payment of a remuneration that gives him the right to use the protected repertoire.These remunerations are est...
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Pagina 36 din 53