Arhiva
Pagina 37 din 51
Primele de capital – o abordare teoretică şi practică
Numărul 5 Anul 2015
Numărul 5 Anul 2015
Various categories of capital premiums (issue premiums, merger premiums, etc.) are elements known by those working with companies’ law, either in theory or in practice. However, there is no single approach with respect to the concept, which would take into account all the types of capital premiums. Similarly, with a few exceptions, there is no theoretical study with respect to the various problems recently occurred in practice with respect to...
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Scutirea practicienilor în insolvenţă (administrator/lichidator judiciar) de la plata taxelor sau tarifelor pentru serviciile de cadastru şi publicitate imobiliară către Agenţia Naţională de Cadastru şi Publicitate Imobiliară
Numărul 5 Anul 2015
Numărul 5 Anul 2015
The National Agency for Cadastre and Land Registration (ANCPI), through its territorial offices and agencies, has the legal obligation to offer its services free of charge to insolvent companies, according to the specific legal regulations in force which are indicated in this study. The main arguments are based on the speciality rules, the chronologic principle of adopting legal acts, as well as the principle of hierarchy and legal force of ju...
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Legea insolvenței persoanei fizice incompatibilă cu dreptul Uniunii Europene și contrară jurisprudenței Curții de Justiție a Uniunii Europene. O lege care încalcă dreptul
Numărul 5 Anul 2015
Numărul 5 Anul 2015
The fierceness in supporting the adoption of a law whose application will result in the destruction of Romanian citizens open a chapter related to the reasons that support such an initiative given that, in addition to delicate social issues, one can observe interests that cannot be attached to the protection of fundamental rights and cannot be explained via EU legislation and the jurisprudence of the European Court of Justice.The seriou...
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Efectele implementării Recomandării Comisiei Europene nr. 135/2014 privind o nouă abordare a eşecului în afaceri şi a insolvenţei
Numărul 4 Anul 2015
Numărul 4 Anul 2015
The objective of the Recommendation (CE) 2014/135/EU on new approach to business failure and insolvency is to ensure that viable enterprises in financial difficulties, wherever they are located in the Union, have access to national insolvency frameworks which enable them to restructure at an early stage with a view to preventing their insolvency, and therefore maximize the total value to creditors, employees, owners and the economy as a whole. ...
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Eficacitatea ajutorului public judiciar. Probleme teoretice cu aplicabilitate practică
Numărul 4 Anul 2015
Numărul 4 Anul 2015
In order to ensure that any litigant has the right to a fair trial and a free access to a court, the Romanian legislator has regulated, among other European Union countries, the legal aid.The aim of this study is to analyse, whether this regulation is effective or not. Any difficulty, starting from interpretation issues, to regulation “loopholes”, may and will affect the decisions of the national courts. Therefore, our purpose is to hig...
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Stabilirea şi ajustarea preţului contractual de către un terţ
Numărul 4 Anul 2015
Numărul 4 Anul 2015
In the absence of an agreement by the parties on a price which is determined or determinable there is a risk that their contract be deemed null and void. There may exist practical and diverse reasons for which the parties though do not clarify the amount of the price or at least the criteria for the calculation of the price, such as the lack of sufficient information regarding the value of the relevant good or service, the impossibility to pre...
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Răspunderea administratorului faţă de societate
Numărul 4 Anul 2015
Numărul 4 Anul 2015
This article covers the liability of the directors towards the company, different than the liability towards the third parties. The issue of the legal nature of this liability should not be controversial, for it is a contractual one. Law no. 31/1990 came (quite late) for the limited companies by stock (SA) with the bonus pater familias criterion, that means that the liability is appreciated by the objective criterion of a common, ordin...
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Noile cerinţe în materia supravegherii bancare şi a accesului la activitatea instituţiilor de credit
Numărul 3 Anul 2015
Numărul 3 Anul 2015
This paper presents the new rules regarding the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, as they are to be found in EU Regulation No 575/2013 and Directive 2013/36/EU, which define the legal frame of the new European Banking Union. The presentation takes into account the economical context which led to the European Banking Union’s project in the last three ...
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Scurte consideraţii asupra reprezentării convenţionale a persoanelor juridice în procesul civil
Numărul 3 Anul 2015
Numărul 3 Anul 2015
The perspective brought by the new regulation on the institution of conventional representation of legal entities in civil proceedings is completely different, in line with the regulations found in other European countries. Despite a radical change of perspective, the judicial practice remained tributary to the jurisprudence developed under the old regulation, allowing legal entities to be represented by non – lawyer representatives, oth...
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Aplicarea principiului echităţii în materie fi scală. Îmbogăţirea fără justă cauză – principiu al dreptului fiscal european?
Numărul 3 Anul 2015
Numărul 3 Anul 2015
In systems of law, as well as in the area of current knowledge, it is the Greek and Roman civilizations that offer the ethical and moral fundamentals, as well as the legislative and institutional framework for modernity. It was easy to start with Aristotle’s Nicomachean Ethics where the author laid the basis of the principles of democracy, the philosophical and ethical systems, which were later confirmed and enriched by European historical ev...
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Regimul juridic al protecţiei datelor cu caracter personal este în proces de regândire
Numărul 3 Anul 2015
Numărul 3 Anul 2015
The legal framework on data protection is in a rethinking process both from the point of view of regulation technique, meaning the pending proposals of Regulation and Directive, and from an institutional perspective. By this new legal framework and also the case-law of the Court of Justice of the European Union, a system similar to that within the European competition is being put into place, which will gather together the national supervisor...
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Profesia de arhitect în România. PARTEA II – Exercitarea profesiei
Numărul 2 Anul 2015
Numărul 2 Anul 2015
The second part of the series of articles relating to the architect profession is focused on practical aspects of the profession, describing the forms in which it is performed, the actual activity of the architect, his civil liability and other issues of interest. The matters referring to the organisation of the profession have made the object of the first part of this article, published in the Romanian Review of Business Law no. 12/2014....
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Lis Pendens după reformarea Regulamentului Bruxelles I
Numărul 2 Anul 2015
Numărul 2 Anul 2015
In 2010 the European Commission prepared a Report on the application of Brussels I Regulation as it was required by article 73 of the same Regulation. In its Report the Commission proposed several changes to be brought to the Regulation in order to improve its applicability and achieve its objectives, those of avoiding parallel proceedings and irreconcilable judgments within the courts of the Member States and providing an area of free movemen...
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Lis Pendens în regimul Regulamentului Bruxelles I
Numărul 2 Anul 2015
Numărul 2 Anul 2015
Brussels I Regulation establishes a system for recognition and enforcement of judgments coming from courts of the Member States within the European Union in civil and commercial matters. Following article 73 of the Regulation, its applicability was analyzed after a period of fi ve years from its entry into force. In general, it facilitated cross-border litigation, but its applicability has been criticized, among others, in relation to exclusiv...
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Despre corecta interpretare a art. 1579 alin. (3) din Codul civil de la 1864
Numărul 2 Anul 2015
Numărul 2 Anul 2015
The sudden ultravalorisation to a particular currency bank credit agreements with consumers prior to the entry to force the new Civil Code, currency considered by some authors as exotic brought in present in our country, the applicability of art. 1579 par. 3 of the Romanian Civil Code of 1864, the legal text which attempted to justify the possibility of conversion of foreign currency loans in lei and freezing of the leu-foreign currency at the ...
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