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Teorii ale guvernanței corporative: origini, evoluții, actualitate
Numărul 12 Anul 2013
Numărul 12 Anul 2013
The purpose of this paper is to realize a freeze frame of the actual debate on corporate governance theories. It deals with the major theories of corporate governance: agency theory, stewardship theory, stakeholder theory, resource dependency theory, transaction cost theory and political theory. Are presented the origins and the evolution of the main assumptions of all these six well known corporate governance theories.After the corporate...
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Convocarea şedinţei adunării generale a societăţii pe acţiuni
Numărul 12 Anul 2013
Numărul 12 Anul 2013
The procedure for convening a General Meeting of Shareholders is a step in the mechanism of forming the corporate will and is regulated by rules of public order, their observance protecting the shareholders, the company and the third parties, thus ensuring the stability of legal relationships.
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O întreprindere nu se poate prevala de opinia juridică a unui avocat sau de decizia unei autorități naționale de concurență pentru a justifica o încălcare a dispozițiilor dreptului european al concurenței
Numărul 12 Anul 2013
Numărul 12 Anul 2013
In Case C-681/11 Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. and Others, in a judgment issued on 18 June 2013, the Court of Justice of the European Union (CJEU) considered that a company that infringed EU competition rules cannot be exempt from the application of a fine in spite of claims that it relied on legal advice given by a lawyer with regard to the compatibility of its behaviour with n...
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Scurte considerații privind aplicarea normelor de drept procesual civil în timp
Numărul 12 Anul 2013
Numărul 12 Anul 2013
The New Civil Procedure Code and the law for its application generate a transformation of the paradigm as regards the temporal application of the civil procedural law, operating a replacement of the system based on the isolation of the procedural act by the system focused on the stages of the civil process.The law for the application of the new Civil procedure code was requisite in order to endorse the transition form the former code to t...
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Câteva consideraţii cu privire la eroare în cazul vânzării având ca obiect operele de artă
Numărul 12 Anul 2013
Numărul 12 Anul 2013
This article emphasises the error aplicable in a very restrictive field, the artwork circulation. Although the legistator’s defining term is not an unitary one, the scope of an understanding’s sphere concerning the artistically works was achieved by the means of doctrine and jurisprudence. Their originality is essential in being considered as artwork. Synonymic with the mobile cultural goods, the selling purchasing of artworks are feigned in ...
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Consideraţii privind răspunderea civilă delictuală în domeniul bursier cu privire la fapte ilicite ce ţin de nerespectarea regimului informaţional
Numărul 11 Anul 2013
Numărul 11 Anul 2013
Tort liability in the capital markets field for failure to comply with the transparency obligations set out in regulations is currently a mostly theoretical topic of research as cases involving such liability are not brought to court because of various reasons, one of which being the lack of clarity and efficiency of the Romanian legislation in this field. Although failure to comply with the transparency obligations is not a rare occurrence o...
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Procesul civil internaţional în reglementarea noului Cod de procedură civilă. Partea IV: Competenţa preferenţială a instanţelor române (art. 1080)
Numărul 11 Anul 2013
Numărul 11 Anul 2013
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 fourth 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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Câteva consideraţii cu privire la acţiunea pauliană. Privire specială asupra domeniului de aplicare în reglementarea Codului civil (Legea nr. 287/2009)
Numărul 11 Anul 2013
Numărul 11 Anul 2013
To shelter the creditors from the acts concluded by the debtor in their fraud, the law opens them the path of a special action, the Paulian action, by which the creditors can attack in justice the vilain acts concluded by the debtor with the defendant third party, requesting the competent court of law to declare them as inopposable in the relations with them allowing them to avoid the consequences of fraud.The creditor cannot prevent th...
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Impactul principiilor generale ale dreptului comunitar asupra materiei fiscale
Numărul 11 Anul 2013
Numărul 11 Anul 2013
The article approaches the impact of the general principles of European law on tax matters starting with the origin of this notion in the case law of European Court of Justice; the article also analyses the content and classification of general principles with focus on the most important of these that can be applicable on tax matters. Furthermore, the author’s personal comments on the application of these principles by national courts in...
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Articolul 11 din Convenţiile Model OCDE şi ONU
Numărul 11 Anul 2013
Numărul 11 Anul 2013
The following paper analyses the provision of article 11 form of OECD and UN Model Conventions. Article 11 is used in both Model Conventions in order to regulate the taxation of interest incomes derived from cross-border relations. In the same time, the reader shall be informed on the way Romania has understood to regulate the taxation of the interest incomes within the double taxation convention it became party to. After more than 75 years of...
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Scurte consideraţii asupra prevederilor art. 46 din Ordonanţa de urgenţă a Guvernului nr. 34/2006 privind atribuirea contractelor de achiziţie publică, a contractelor de concesiune de lucrări publice şi a contractelor de concesiune de servicii
Numărul 10 Anul 2013
Numărul 10 Anul 2013
The scope of this analysis is to evaluate the possibility for an economic agent to be nomineed as subcontractor declared by several bidders within the same public procurement contract award procedure, in light of the provisions of Article 46 of G.E.O. No. 34/2006.
Key...
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Decizia Comisiei Europene privind distribuția de cărți în format electronic. Comentariu asupra aplicării procedurii de acceptare a angajamentelor într-un caz privind pretinse înţelegeri între concurenţi
Numărul 10 Anul 2013
Numărul 10 Anul 2013
The European Commission recently finalized a case regarding an alleged concerted practice involving several publishers and Apple on the market for e-book commercialization, by accepting commitments proposed by the parties in response to the Commission’s anticompetitive concerns.The relevance of this decision results from the peculiarities of the factual background which, in principle, may render questionable the extent to which thi...
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Medierea – la granița dintre un scop nobil și o reglementare îndoielnică
Numărul 10 Anul 2013
Numărul 10 Anul 2013
A relatively new, compromise-based form of justice in the Romanian legislation, mediation has increasingly been subject to debate within the framework of the entry into force of the new Code of Civil Procedure, because, while changing the common procedural rules relating to non-criminal litigations, a new preliminary, pre-trial procedure was introduced, namely the mandatory information on the benefits of mediation. As a new institut...
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Configuraţia impreviziunii în noul Cod civil. Consideraţii cu privire la clauzele de hardship
Numărul 10 Anul 2013
Numărul 10 Anul 2013
The article is aimed to analyse, through the eyes of a practitioner, the mechanism and legal effects of hardship, a legal concept which was for the first time explicitly regulated under the Romanian law by the new Civil code, which became effective as of October 2011. One particular pragmatic objective of the author was to outline the potential practical issues which may arise due to the large variety of possible situations, correlated to the...
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Planul de redresare – surse de plată a creanţelor versus haircut. Planul de redresare al Unităţilor Administrativ Teritoriale
Numărul 10 Anul 2013
Numărul 10 Anul 2013
As a an insolvency practitioner named to apply the reglementation of the Gouvernement Emergency Ordonance regarding the finacial crisis, I have tried to set an coherent chain coupling of decisions and activities meant to accomplish my purpose on an imaginary task. Making this exercise, made me realise that the GEO‘s main aim as it is declared in its preambule is almost impossible to aplly. In my opinion this conclusions are only the answer of t...
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