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Despre dreptul de superficie în reglementarea noului Cod civil
Numărul 9 Anul 2014
Numărul 9 Anul 2014
Legal regulation of the right of superficies mirrored throughout its history the need to meet specific needs in the area of housing. There were two causes for legal dedication lightly.On the one hand, the need for housing, which was long a social goal, and on the other hand, the rigidity of the legal status of the public domain, which did not allow the coexistence performance of several types of ownership.Legal consecration of sup...
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Evoluţii recente ale practicii decizionale a instanţelor europene cu privire la discounturile acordate de întreprinderile dominante – implicaţii ale hotărârii Tribunalului în cauza Intel împotriva Comisiei Europene
Numărul 8 Anul 2014
Numărul 8 Anul 2014
A frequent practice in the business environment, the grant of price reductions by undertakings may trigger potential anti-competitive risks which are most likely to be present with respect to the price reductions granted by undertakings holding a dominant position. If historically, the analysis applied to discount policies applied by dominant undertakings corresponded to a formal approach, akin to a per se prohibition (the traditional approach)...
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Despre dividende (Partea a II-a)
Numărul 8 Anul 2014
Numărul 8 Anul 2014
The article aproaches the issue of the profit treatement and distribution of dividends in a complete and applied way, including for the listed companies. Due to the fact that Law no. 31/1990 does not offer to the intrerpretor a clear and unequivocal text, one shoud try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards.
...
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Unele contribuţii privind clarificarea regimului juridic al majorării capitalului social al societăţilor reglementate de Legea nr. 31/1990 privind societăţile, prin utilizarea procedeului (sursei) compensării unor creanţe lichide şi exigibile asupra societăţii, cu acţiuni ale acesteia
Numărul 8 Anul 2014
Numărul 8 Anul 2014
The current study has as a main objective the thorough analysis of the legal issues regarding the increase of the registered capital of a company in different stages of its existence, including the judiciary reorganization procedure, using as a method and a source the “compensation of liquid and exigibil claims of the company with its own shares” stipulated in the last thesis of article 210, paragraph 2, Law no. 31/1990. Moreover, I tried to ...
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Procesul civil internaţional în reglementarea Noului Cod de procedură civilă Partea VI: Recunoaşterea hotărârilor străine (art. 1093-1099, 1101, 1107, 1108)
Numărul 8 Anul 2014
Numărul 8 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 sixth 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 migh...
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Câteva provocări juridice legate de adoptarea soluţiilor bazate pe Cloud
Numărul 8 Anul 2014
Numărul 8 Anul 2014
This article is based on the outline of the presentation made by the author at the „Cloud Computing: challenges and opportunities from data protection perspective” conference organised by Microsoft Romania on 4 June 2014. The contents revolves around what cloud computing means, as well as on some of the legal challenges often encountered in connection with this type of service. Nevertheless, the matters herein are presented in a concise fashio...
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Plasamentul sub supraveghere electronică
Numărul 7 Anul 2014
Numărul 7 Anul 2014
By virtue of the technical progress and the unprecedented development of information means, what was only fiction half a century ago has now become tangible reality. Being everywhere around us and mainly meant to improve the quality of our lives (as the video surveillance systems inside public institutions, supermarkets, stadiums etc.), the surveillance systems has become a real ”invisible forensic help”.
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Cesiunea părţilor sociale sau retragerea asociatului din societatea cu răspundere limitată?
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The paper will analyze the issues relating to the distinct regulation of the main cause of losing the shareholder status in a limited liability company, namely the transfer of shares and the withdrawal of a shareholder from the company.In practice, it is essential to correctly qualify the manner in which a shareholder withdraws from a limited liability company, the transfer of shares or the shareholder’s withdrawal, and in this paper we ...
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Acţiunea oblică în noul Cod civil
Numărul 7 Anul 2014
Numărul 7 Anul 2014
This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which ...
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Dreptul de administrare al debitorului în noua reglementare a procedurii insolvenţei
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The debtor’s right of administration, consisting of the right to perform his activity, to manage his property and to dispose of it, is exercised through the agency of a special administrator, under the direct supervision of an insolvency administrator, during the observation procedure or reorganization period. Initiating the bankruptcy procedure has the direct effect of cancelling the debtor’s right of administration.The bankruptcy judg...
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Principalele elemente de noutate aduse prin Legea nr. 85/2014 privind procedurile de prevenire a insolvenţei şi de insolvenţă
Numărul 7 Anul 2014
Numărul 7 Anul 2014
The new regulations on insolvency, as part of a project coordinated under the aegis of the World Bank and the International Monetary Fund, comes against the background of the amplification of the insolvency phenomenon, at both national and EU level. The tendencies recorded at European level involve a new approach, to save the business and to give a second chance to honest entrepreneurs, thus starting from the fact that insolvencies are “a fact ...
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Scurt istoric al Camerelor de Comerț și Industrie din România și transformarea instituțională a acestora până la cel de-al doilea Război Mondial (II)
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The Romanian Chamber of Commerce System is an active, mobilizing and reforming presence of the domestic and international trade.One of milestones of the Chamber of Commerce legislative accomplishment was the elaboration of the Constitution of 1923, which had been the promoter of the development and of the reform of the Chambers of Commerce in Romania.
...
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Noua fizionomie a coproprietăţii obişnuite în lumina dispoziţiilor actualului Cod civil
Numărul 6 Anul 2014
Numărul 6 Anul 2014
Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.Although almost all news reported during this study ...
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Despre dividende (Partea I)
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The article aproaches the issue of the profit treatement and distribution of dividends in a complete and applied way, including for the listed companies. Due to the fact that Law no. 31/1990 does not offer to the intrerpretor a clear and unequivocal text, one should try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards.
...
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Patrimoniul de afectaţiune –instrument în derularea afacerilor
Numărul 6 Anul 2014
Numărul 6 Anul 2014
The patrimony by appropriation represents an instrument in business operation, even the business itself, therefore it is required to regulate it in accordance with the requirements modern economy.This paper analyses and proposes some solutions for the problems of the patrimony by appropriation as instrument by the dint of which a business is operated, as a modern patrimony management technique and as an instrument for limiting commercial...
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