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Cesiunea de creanţă de drepturi litigioase. Tratamentul fiscal
Numărul 7 Anul 2013
Numărul 7 Anul 2013
This article deals with the issue of assignment of litigation rights and how this matter has been regulated in tax law and the relationship between tax issues and civilian regulation and case-law. We followed the definition of the claim against the Romanian state in the light of European Court of Human Rights case-law and how the effects of these decisions are mostly applicable in conceptualizing the tax treatment of property alienation of per...
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Procesul civil internaţional în reglementarea noului Cod de procedură civilă Partea II: Competenţa internaţională a instanţelor române (art. 1070-1077)
Numărul 7 Anul 2013
Numărul 7 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 second 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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Efectele erga omnes ale hotărârilor judecătoreşti pronunţate în acţiunile în eliminarea clauzelor abuzive din contractele standard de consum
Numărul 7 Anul 2013
Numărul 7 Anul 2013
The paper analyses the new collective actions for elimination of unfair terms from consumer contracts with regard to the effects of the judgments rendered in these cases. The judicial instruments for correcting unfair terms from standard contracts create an incomplete mechanism which produces an improper erga omnes effect.In the context of postponing this regulation, a legislative intervention is required for optimizing judgment...
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Class action şi clauzele abuzive
Numărul 7 Anul 2013
Numărul 7 Anul 2013
Changes to Law no. 193/ 2000 on unfair terms in contracts concluded between professionals and consumers by Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure , seem to configure, by article 12 and 13, in their new formulation, a novel form, that of class action. This can be promoted, only in the case of contracts of adhesion, by The National Authority for Consumer Protection or by the associations for co...
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Class action á la roumaine
Numărul 7 Anul 2013
Numărul 7 Anul 2013
This article aims to assess the impact of changes of Law No. 193/2000 intervened through Law No. 214/2013 for the approval O.U.G. No. 4/2013 on the amendment of Law No. 76/2012 for the implementation of Law No. 134/2010 on the Code of Civil Procedure, and for amending and supplementing of regulation on disputes between professionals and consumers concerning unfair terms in contracts of adhesion. The author deals with an extremely important new...
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Sancţionarea abuzului de piaţă – dualitate contravenţional penală sau exclusivitate a normei penale/contravenţionale?
Numărul 6 Anul 2013
Numărul 6 Anul 2013
In the present study, the author analyses the matter of the market abuse sanctioning policy in Europe and especially in Romania. The study starts with a short presentation of the sanctioning policy in the Member States. At this level, two main approaches can be identified: (i) the „both” approach. In this approach, market abuse can give rise both to administrative and criminal sanctions and (ii) the “either or” approach. In this approach, nat...
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Procesul civil internaţional în reglementarea noului Cod de procedură civilă Partea I: Competenţa internaţională a instanţelor române (art. 1064-1069)
Numărul 6 Anul 2013
Numărul 6 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 first of four parts which aim 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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Despre eroarea-viciu de consimţământ în noul Cod civil (II)
Numărul 6 Anul 2013
Numărul 6 Anul 2013
This article represents the second part of the study of error-vice of consent under the new Civil code. In this second part, the author continued the analysis with the types of error (excusable and non-excusable error, assumed and non-assumed risk of error, as well as error in communication or transmission) conditions of error, invoking error and its consequences on the contract. The author considered the judgements expressed by the scholars un...
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Foarfeca tarifară, o practică al cărei caracter anticoncurenţial se verifică prin raportare la conceptul de «concurenţă bazată pe merite»
Numărul 6 Anul 2013
Numărul 6 Anul 2013
In this crisp analysis of the TeliaSonera case, which has recently been adjudicated by the Swedish Court of Appeal, the economic and legal logic supporting the finding of a serious form of abuse of dominance has been exposed. The foundation of the case law dealing with unilateral practices is Michelin, Case 322/81 establishing that Article 102 TFEU refers not only to practices that may cause damage to consumers directly, but also to those whic...
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Aplicarea dreptului concurenţei în procedurile privind achiziţiile publice
Numărul 6 Anul 2013
Numărul 6 Anul 2013
This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of anticompe...
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Noţiunea de întreprindere în dreptul concurenţei
Numărul 5 Anul 2013
Numărul 5 Anul 2013
European competition law refers to the activities of undertakings. Although the treaty does not define the concept of an undertaking, the European Court of Justice has consistently held that any entity engaged in an economic activity, irrespective of its legal form and the way in which it is financed, must be categorised as an undertaking.Any activity consisting in offering goods or services on a given market is an economic activity. Acc...
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Parteneriatul public-privat: concept, evoluţie şi reglementare
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The present study primarily establishes a meta-textual framework concerning the public-private partnership, emphasizing in a comparative manner the definitions offered by the international doctrine and the relevant public entities.Moreover, in order to better describe the singular character of this type of collaboration, we shall schematically present its generic features in regard to the different applications that appear in contractual...
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Regimul juridic aplicabil informaţiilor privilegiate în contextul legislaţiei româneşti privind piaţa de capital
Numărul 5 Anul 2013
Numărul 5 Anul 2013
This study aims to examine the current state of national regulations on insider information, as well as their legal status. The highly technical nature of this study compels us to explain and analyze, at the same time, some key concepts for understanding the subject.Without trying to fully investigate the subject matter, the paper starts with an overview of the American background which created for the first time the need to regulate the ...
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Despre eroarea – viciu de consimţământ în noul Cod civil (I)
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The Civil Code of 1864 assigned one Article to the error – vice of consent, hence, the majority of the issues and considerations related to the error being built and debated at a doctrinal level. The new Civil code has another approach. The regulation of error is more abudant, i.e. seven Articles insted of one Article, some of the regulated issues being the ones already debated at doctrinal level under the Civil Code of 1864, e.g. error of la...
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Situaţia creditorilor garantaţi cu ipotecă asupra conturilor bancare în concursul cu alţi creditori în procedurile de valorificare a creanţelor
Numărul 5 Anul 2013
Numărul 5 Anul 2013
The article investigates legal controversies arisen in practice regarding the status of creditors who benefit from a mortgage on the banking account of the debtor, when in concurrence with other creditors who aim to recover their receivables from the same person. With a special view at forced execution and insolvency procedures, the authors provide an analysis of the different approaches used by bank-account mortgagees in order to justify their...
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