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Pagina 39 din 51
Dreptul la imagine în contextul distribuirii fotografiilor pe rețelele de socializare
Numărul 11 Anul 2014
Numărul 11 Anul 2014
The article represents a brief overview of the regulation of the right to one’s image and the limits to the use of a natural person’s image, especially by contrast with the right to free speech. Afterwards, the authors analyse the special case of distribution of portraits on social networks, pointing out the possible remedies available to the damaged persons in case of unlawful distribution of their image.
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Despre specificul competenței și a procedurii de constatare și sancționare a contravențiilor la regimul juridic al pieței de capital, al asigurărilor și al pensiilor private
Numărul 11 Anul 2014
Numărul 11 Anul 2014
The present study has proposed as primary objective the identification, analysing and presentation of the specific legal status of observing and sanctioning by the competent authorities the facts considered by the legislation in force, as being contraventions to some specific activities of the capital market, more precisely, of some categories of financial instruments, the insurance and reinsurance and, not lastly, the activities and operation...
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Derivativele
Numărul 11 Anul 2014
Numărul 11 Anul 2014
This article makes a general presentation of the derivatives, forward, futures and options, their legal nature and the trading procedures. These instruments were intensivelly used before the 2008 recession to finance different areas. Despite that their role is significantelly reduced, they are still not just a theoretical model but also a practical one to use instruments were the principal actors of the financial market meet: issuers, brokers...
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Procesul civil internaţional în reglementarea Noului Cod de procedură civilă Partea VIII: Arbitrajul internaţional şi efectele hotărârilor arbitrale străine (art. 1110-1132)
Numărul 11 Anul 2014
Numărul 11 Anul 2014
The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the eighth of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it mi...
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Modernizarea sistemelor legislative europene în materia insolvenței
Numărul 11 Anul 2014
Numărul 11 Anul 2014
In the present study we aimed highlighting the areas in the field of insolvency where a modernisation of regulations is necessary, in order to address deficiencies posed by the current legislative framework. This paper aims to conduct an analysis of the concept of rescuing companies within the European reference laws and of the reasoning underlying its, taking into account the key factors that have influenced the development of various insolve...
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Contractul de muncă în procedura insolvenţei
Numărul 11 Anul 2014
Numărul 11 Anul 2014
After the date of opening of insolvency proceeding, if it was not raised the right of administration, the debtor, by special administrator, is the one who decide on restructuring measures or amendments of the collective agreement, under the supervision of the insolvency administrator. The right to decide on the termination of individual employment contracts belongs to the insolvency administrator/judiciary liquidator, according to art. 123 par...
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Efecte ale insolvenţei antreprenorului cu privire la contractul de antrepriză în contextul noii legi a insolvenţei
Numărul 11 Anul 2014
Numărul 11 Anul 2014
The initiation of insolvency proceedings against a contractor performing construction works is likely to cause detriment to the client considering the latter’s limited rights under Romanian law in case of the contractor’s default and the divergent case law on their enforceability. This article focuses on the client’s most important concerns and tries to determine to which extent these concerns are likely to be mitigated by the entrance into f...
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Under Umbrella Pricing sau despre activism judiciar și ubicuitatea prejudiciilor
Numărul 10 Anul 2014
Numărul 10 Anul 2014
The judgement of the Court of Justice in Kone represents another case of private enforcement of competition law in EU. This time the Court has gone too far in its attempt of creating an indirect harmonization of civil procedural rules by virtue of an ample reading of the principle of effectiveness. In Kone judgement, the Court ruled that umbrella pricing theory enters the scope of the protective provisions of Article 101 TFE...
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Achiziţia de societate prin efect de levier (lbo) şi fuziunea
Numărul 10 Anul 2014
Numărul 10 Anul 2014
There are several means for acquisition of companies, among which also with leverage buy-out combined with merger that is quite rare in practice, but not impossible. Therefore, a good knowledge of how leveraged buy-out works, how you select a target company, which are the stages of the acquisition and the possibility to use merger to facilitate the acquisition, are elements necessary for a better understanding of such operation in order to use...
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Procesul civil internaţional în reglementarea Noului Cod de procedură civilă Partea VII: Executarea în România a hotărârilor străine (art. 1100, 1102-1106, 1109)
Numărul 10 Anul 2014
Numărul 10 Anul 2014
The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the seventh of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it mig...
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Fiducia – operaţiune juridică insolită în dreptul românesc (II)
Numărul 10 Anul 2014
Numărul 10 Anul 2014
In the second part of the study, I have tried to highlight, depending on the purpose of which it was created, the applicability of this legal operation.In this sense, in order to outline the legal construct of the trust, it is essential to compare and contrast this operation and other legal institutions with which is share similarities.The trust regulation do not reveal the practical utility. Therefore I tried, by analizing various ...
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Discuţie în legătură cu exercitarea căilor de atac împotriva deciziilor Consiliului Naţional de Soluţionare a Contestaţiilor în lumina recentei modificări a Ordonanţei de urgenţă a Guvernului nr. 34/2006 operată prin Ordonanţa de urgenţă a Guvernului nr. 51/2014
Numărul 10 Anul 2014
Numărul 10 Anul 2014
The legal-jurisdictional chain drive in our country has shown a series of controversial issues regarding the review procedures against the decisions issued by the National Councils for Solving Complaints, issues that are of common knowledge to the public procurement experts. Despite of these facts, which were subject matter to a series of amendments, brought to the G.E.O. no. 34/2006, the aim of this article is not to summarize or resume the ...
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Considerații privind protecția investitorilor în contextul ofertelor publice de preluare
Numărul 9 Anul 2014
Numărul 9 Anul 2014
This article offers an analysis of the investors’ protection in the context of public takeover bid, both from a legislative point of view and from the case law point of view, and also by including comparative law and EU law sections. The article covers voluntary and mandatory takeover bids, with a focus on the obligations of the Board of Directors, the anti-takeover methods developed in practice, and also on the price setting mechanism and th...
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Aşteptările mediului de afaceri de la Codul Insolvenţei
Numărul 9 Anul 2014
Numărul 9 Anul 2014
The business environment has great expectations with regards to the Law No. 85/2014 regarding the procedures of prevention of insolvency and of insolvency, that promises to ensure an equilibrium between the interests of the creditors and those of debtors, and which, moreover, has as intrinsically scope that emphasis on preventive measures (although there are no new elements or „import” of any international practice on insolvency prevention). ...
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Fiducia – operaţiune juridică insolită în dreptul românesc (I)
Numărul 9 Anul 2014
Numărul 9 Anul 2014
The first part of the study aims to analyze the institution of trust and the property held in trust.Continuing the idea of the Roman-Germanic system, system which remain pervious only if the native elements do not afect its essence; we are not pleading for the efficiency of the trust’s and as a direct consequence, for its introduction in our law.This complex legal operation is an absolute novelty in the Romanian legal landscape, ev...
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