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Pagina 49 din 53
Procedura prealabilă a medierii şi regularizarea cererii de chemare în judecată în lumina noului Cod de procedură civilă
Numărul 4 Anul 2013
Numărul 4 Anul 2013
Along with the entry into force of the new Civil Procedure Code, the regularization procedure of the statement of claim and the preliminary procedure of mediation, that were optional under the previous regulation, became mandatory with several circumstantiation. A brief analysis of the new regulation is highly necessary.Within this study, many questions to be asked in the near future by both law practitioners and litigants are risen and...
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Introducere în subiectul datelor deschise şi problemelor sale juridice (II)
Numărul 3 Anul 2013
Numărul 3 Anul 2013
Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...
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Caracterul identic pe fond al prevederilor dreptului concurenţei la nivel naţional şi a celui supranaţional. Care este incidenţa acestuia asupra admisibilităţii cererii de pronunţare a unei hotărâri preliminare?
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The objective of Dzodzi doctrine is to forestall future divergent interpretations of a provision of Union law in cases where the national law has adopted the same solution for the purely internal as for the cross-border situations. The first of the objections raised by Advocate General Cruz Villalón is that in cases where Dzodzi doctrine applies, Kleinwort Benson doctrine must simultaneously be applicable.
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Consideraţii privind reglementarea noului Cod civil asupra clauzelor neuzuale
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The authors of the study review one of the novel solutions implemented by the new Civil Code of Romania in the area of contractual obligations, namely the regulation of the unusual clauses. These are defined as a species of standard clauses and may be viewed in general as clauses which purport to alter the balance of the obligations of the parties resulting from the statutory regulation of contracts for the benefit of the party which proposes...
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Grupurile de societăţi în dreptul comercial italian. Scurte consideraţii de drept comparat
Numărul 3 Anul 2013
Numărul 3 Anul 2013
There are traditional connections between the Italian and Romanian legal systems, including in the matter of corporate groups law. Within the substantial reform of the Italian Civil Code 2004 as of 2004, there were introduced legal provisions aiming to regulate the relations between the companies belonging to the same corporate group. Given that the Romanian legislation does not have such a regulation yet, we think a comparative approach with...
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Piaţa RASDAQ: între un statut incert şi o desfiinţare problematică
Numărul 3 Anul 2013
Numărul 3 Anul 2013
In the field of Romanian stock markets nowadays, the RASDAQ market presents itself as problematic in two regards: on an economic level, due to reduced trading activity, and on a legal level, due to uncertainty regarding its legal nature, low standards of shareholder protection, and the National Securites Comission’s plans of closing it down.This paper adresses the legal side of the issue. It takes a brief look at the European regulation...
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Controlul activităţii entităţilor reglementate şi supravegheate de către Autoritatea de Supraveghere Financiară
Numărul 3 Anul 2013
Numărul 3 Anul 2013
The inspection of the activity carried out by the administration and management bodies organized in the entities regulated by the Law number 297/2004 and the Emergency Decree of the Government number 32/2012 is ensured by a number of institutions functioning with these bodies: the auditors of the company, statutory and internal, with the mission of exerting a permanent control of the bodies responsible with the management of the company; the ...
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Cesiunea de contract în reglementarea noului Cod civil
Numărul 2 Anul 2013
Numărul 2 Anul 2013
Under the old Romanian Civil Code the assignement of rights and obligations and the possible substitution of a contractual party were not subject to any legal provisions holding globally the possibility of any contractual position transfer. Therefore, at the time, the scholar aproach was suggesting a divisional view – the dissolution of the contractual transfer concept in different suitable civil institutions ready to offer explain as for the...
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Noutăţi privind răspunderea antreprenorului potrivit Codului civil (II)
Numărul 2 Anul 2013
Numărul 2 Anul 2013
This article represents the second part of a study aimed to provide an overview over the services and construction contractors’ liability under the Romanian Civil code. In this second part, the authors focused to the special provisions from the Romanian Civil code, applicable to construction contracts and also provided brief considerations with regard to the termination of the contractor agreements. Where the case, the special legislation has ...
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Consideraţii pe marginea interpretării dispoziţiilor art. 241 din Legea nr. 297/2004 – Legea Pieţei de Capital
Numărul 2 Anul 2013
Numărul 2 Anul 2013
The hereby article is meant to highlight and to accentuate the meaning given by the legislator to the provisions stipulated by art. 241 of the Capital Market Law, by comparing the limits of competence imposed on the executive management of a stock company, by reporting to the plenitude of competence belonging to the general meeting of shareholders, pursuing in the same time the interpretations given to this article, bearing a brief comparative...
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Observaţii privind aplicarea dispoziţiilor art. 349 C. civ. în materia societăţilor comerciale reglementate de Legea nr. 31/1990
Numărul 2 Anul 2013
Numărul 2 Anul 2013
Community property regime affects both the setting up and the functioning of companies regulated by Law no. 31/1990, in case one of the spouses disposes of the indivisum estate, in order to acquire shares or stocks. Thus, the provisions of art. 349 of the Civil Code should be related to the specific regulations on companies.
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Introducere în subiectul datelor deschise şi problemelor sale juridice (I)
Numărul 1 Anul 2013
Numărul 1 Anul 2013
Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...
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Înțelegerile anticoncurenţiale grave (hard-core) – caracteristici şi efecte juridice
Numărul 1 Anul 2013
Numărul 1 Anul 2013
The rules set forth by legal provisions have received, in time, various arguments: natural law or jus naturalism, positive law, voluntarism, normativism, law as a social fact, etc. Recently, a new theory relating to the economical efficacy of the legal rule has been put in place. According to this theory, any legal rule gains in effectiveness and presents more authority if it is also supported by an economical explanation.In this context...
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Noutăţi privind răspunderea antreprenorului potrivit Codului civil (I)
Numărul 1 Anul 2013
Numărul 1 Anul 2013
This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due to the ...
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Câteva consideraţii cu privire la categoria furnizorilor prevăzută de art. 96 alin. (1) din Legea nr. 85/2006 privind procedura insolvenţei
Numărul 1 Anul 2013
Numărul 1 Anul 2013
Article 96 of Law 85/2006 on insolvency proceedings was amended by Law 169/2010, published in the Official Journal of Romania, part 1, nr. 505/21.07.2010.This legal text regulates the category of essential providers. Unfortunately, this legal amendment hasn’t brought the answers expected by those who practice insolvency, respectively by this professional doctrine. Moreover, this law amendment brought up new questions on the category of e...
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