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Originile medierii
Numărul 5 Anul 2012
Numărul 5 Anul 2012
“Mediation represents a way of resolving disputes amicably, with the assistance of a third party specialized as a mediator, in terms of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation is based on the trust that the parties give to the mediator, as a person fit to facilitate their negotiations and to support them in order to resolve the dispute, by reaching a mutually acceptable, effective and last...
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Contractul de credit pentru consum în viziunea Ordonanţei de urgenţă a Guvernului nr. 50/2010
Numărul 5 Anul 2012
Numărul 5 Anul 2012
The emergency ordinance nr. 50/2010, approved with amendments by the Law nr. 288/ 2010, transposes into domestic law the Directive 2008/48/EC of the European Parliament and of the European Council from the 23rd of April 2008 on consumer credit agreement and on abrogation of the Directive 87/202/CEE of the Council.The new European Directive imposed a complete harmonization so that the Romanian legislator had a small margin of freedom in re...
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Licitaţiile trucate
Numărul 4 Anul 2012
Numărul 4 Anul 2012
Bid rigging is a current issue of competition law, both at a global and regional level, as well as nationally. In recent years the attention of the Romanian Competition Council has been repeatedly targeted the way of conduct of public sector tenders.The paper at hand tries to offer several practical and theoretical definitions for this phenomenon and its forms of manifestation. As well, it mentions some of the practical measures suggest...
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Protecţia datelor cu caracter personal în Marea Britanie
Numărul 4 Anul 2012
Numărul 4 Anul 2012
The protection of personal information in Great Britain originates in the 70’s , when the increasing use of computers determined a growing concern for the protection of the information referring to natural persons. Since Great Britain has no written constitution in one document for the regulation of the rights and freedoms of natural persons, which would be called “the British Constitution”, constituting, as a matter of fact, a body of constit...
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Eforturile internaţionale privind facilitarea conosamentelor electronice
Numărul 4 Anul 2012
Numărul 4 Anul 2012
The present article is the second installment of the third part discussion related to the electronic bill of lading. In the present article the author surveys the relevant international efforts related to the introduction of the electronic bill of lading, and provides a useful intellectual map of the ideas behind these efforts. The article is of interest for lawyers involved in transportation matters, but also for lawyers and academics interes...
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Despre cererea de intervenţie şi situaţia ofertantului câştigător în cazul contestării rezultatului procedurii de atribuire a contractului de achiziţie publică
Numărul 4 Anul 2012
Numărul 4 Anul 2012
Public procurement in Romania is regulated, primarily, by the Emergency Government Ordinance no. 34/2006 regarding the award of the public procurement contracts, public works concession contracts and services concession contracts, with the subsequent amendments. According to this ordinance, any person considering his or her rights to have been harmed and having a legitimate interest by an act of the contracting authority thought to be irregular...
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Incidenţa principiului termenului rezonabil în materia colectării creanţelor fiscale
Numărul 4 Anul 2012
Numărul 4 Anul 2012
By two decisions of 29 March 2012, the Court of Justice of the European Union decided on the conflict between the principle of reasonable time and that of the effectiveness of collecting direct taxes and VAT. The winner, in terms of scoring, was the principle of reasonable time which prevails due to the incapacity of administrative authorities and courts to manage the collection of taxes and duties in an efficient manner.These decisions...
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Povestire cu final aşteptat: o nouă reglementare a taxei percepute cu ocazia primei înmatriculări a vehiculelor, cu aceleaşi vicii
Numărul 3 Anul 2012
Numărul 3 Anul 2012
As far as the car registration taxes are concerned, it seems the Romanian Government never learns from the previous mistakes. Although all the past regulations concerning car registration taxes have been quashed by the Court of Justice and disregarded by national courts, a new regulation practically identical to the past ones has been enacted since 13 January 2012. Moreover, by Government Emergency Ordinance no. 1/2012, the discrimination has...
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Aspecte de noutate cu privire la procedura arbitrajului în reglementarea noului Cod de procedură civilă
Numărul 3 Anul 2012
Numărul 3 Anul 2012
Law no. 134/2010 regarding the Civil Procedural Code is expected to enter into force in June current year. As far as arbitration is concerned, articles 533-612, Book IV, „About arbitration” of the new Romanian Civil Procedural Code introduce new provisions regarding modernization of the arbitral procedure according to the technological development, disputes arbitrability, eligibility criteria for arbitrators, competent court to settle inciden...
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Conosamentul Electronic
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The present article is the first installment of a third part discussion related to the electronic bill of lading. In the present article the author introduce the historical evolution of the bill of lading, respectively its transformation in the electronic bill of lading. The author also discusses the reasons why the electronic format of the bill of lading din not become the leading instrument used in transportation matters, in spite of the ob...
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Despre sfera de aplicare a prevederilor de la art. 15 lit. j) din Legea nr. 146/1997 privind taxele judiciare de timbru
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The purpose of this paper is to determine the scope of art. 15 letter j) of Law no. 146/1997 on the judicial stamp duty, more precisely the persons exempted from this duty. We shall demonstrate that the previously described actions are exempted from the judicial stamp duty.
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Principiile şi actele juridice aferente intervenţiei fondurilor europene structurale şi de coeziune
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The regulatory framework on European structural and cohesion funds still raises many controversies from the standpoint of the practical applicability at a national level.There was created, within the application of the regulatory framework on European structural and cohesion funds, a new structure at an inter-institutional level, which doubled the functions and competences of the existing institutions in the system of pre-accession funds....
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Norma de conflict care guvernează determinarea legii aplicabile în raporturile contractuale cu element de extraneitate
Numărul 3 Anul 2012
Numărul 3 Anul 2012
Along with the coming into force of the Rome Convention in Romania, the practitioner was confronted with the issue of determining the law applicable in international contractual relations, and was unwillingly transformed in a sort of a political buffoon, puzzled by the importance of the revision, but still a patriot resisting globalization. The emergence of the Rome Convention in Romanian positive law generated a pro-active reaction for the pr...
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Legea aplicabilă persoanei juridice
Numărul 3 Anul 2012
Numărul 3 Anul 2012
With regard to the law applicable to the legal person, the new Civil Code sets out a new regulation, partly taking over the former dispositions of Law no. 105/1992 establishing a regulatory framework for private international law relations. Thus, Section 2 – in Book VII of the new Civil Code, Dispositions of private international law, in the special part on the Conflict of Laws, Chapter I Persons – deals with the law applicable to legal ...
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Excepţia de nelegalitate în contenciosul administrativ şi fiscal. Pledoarie pentru invocarea ei oricând, în cadrul unui proces
Numărul 3 Anul 2012
Numărul 3 Anul 2012
The right of any person to invoke the illegality of an administrative or fiscal act is clearly stipulated in art. 4 parag. 1 of Law no. 554/2004. However, some authors and, moreover, the Romanian High Court of Cassation and Justice have imposed a series of admissibility conditions in order for this right to be allowed. Some consider that the illegality of such acts can only be accepted as a defence when invoked within the one year term, stipu...
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