The current regulation enshrines the possibility of spouses to use the common assets as a contribution to the setting up of a company or for the acquirement of shareholdings in existing companies and outlines the legal regime of shares and corporate rights thus acquired. If the conditions for the use of common assets seem to be quite clear, the same cannot be said about the requirements imposed for the alienation of the shareholdings thus acqu...

This article has appeared from the need to know under what conditions of quorum and majority the general meeting of shareholders of a limited liability company (LLC) adopts decisions when, during its existence, the law changes in this regard.In other words, from the need to determine how the civil law is applied over time in the mentioned situation. The question was occasioned by the amendment of Law no. 31/1990 regarding companies (in t...

The article analyzes the issue regarding the limits of the prior control of legality carried out during the registration in the trade register, in the context of the adoption of a new law on the trade register. At the level of the ONRC and the courts, there is an oscillating practice in this regard, and the appearance of the new regulations does not, unfortunately, clarify the existing problems.

A discussion about the penal clause in the era of disruptive technologies may seem outdated. However, its placement in the context of insolvency proceeding is giving a new impetus to the old institution of civil law.Concretely, in the present study we aimed to analyze the extent to which the compensatory penalty or the moratorium penalty or the penalty due for the performance of the obligation in another place than the one agreed in the ...

The title of the present article seems to suggest a happy ending for the new episode of the series that has been preoccupying the business environment for a long time due to the pleasant resonance that two terms produce in the reader’s mind: „simplification” and „debureaucratization”. Furthermore, noting to whom the two terms apply: to the „transfer of shares” and to the „payment of the share capital”, it could be said that the fans of our seri...

The specific legislation on the protection of personal data provides operators with six grounds on which they can collect and process such data, and choosing the most appropriate one for each situation is not always an easy task. One of the six legal grounds is the consent of the data subject, and the manner in which it is regulated and private law habits could create the impression that consent is the „king” of the grounds for the processing...

Currently, by the provisions of Law no. 31/1990 regarding the companies, it was expressly enshrined the possibility of forced valorisation of the social parts both within a procedure provided by the Code of civil procedure and during an insolvency procedure. In this favorable legislative context, whether or not we agree with the current legislative vision, we proposed to find out whether, from the perspective of the potential adjudicator (cred...