It is an undisputable fact that state-owned enterprises have become, in the last two decades, a black hole of the national economy, which absorbs far more public resources than it creates. Under the recent agreements with the International Monetary Fund and the European Commission, the Romanian government undertook the obligation to privatise the most significant state -owned enterprises in its portfolio.As a prerequisite for...

In accordance with decision no. 1167/2007 of ÎCCJ, the foreign law is not enforceable in the case of the contracts concluded between the Romanian residents carrying out their full activity on the territory of Romania, without any other foreign or intrinsic element . The author of this paper pleads in favour of the recognition, as valid, of the contractual clauses for the designation of a foreign law in the above-mentioned contracts.

This article represents the first part of a series dedicated to the resolution and resiliation of contracts under the new Civil Code. In this first part the authors review several novelties regulated by the Civil Code concerning mainly the notion and conditions of contract resolution, but also confront issues on which the legal doctrine has had under the previous regulation and continues to have incongruent interpretations (such as the condit...

The article is looking at the new Civil Code’s regulation of the funds deposit. The new legal framework sets out certain principles for the operation of the funds deposit agreement, providing for rights and obligations of the deponent and of the depository credit institution. Since the ownership over the amounts placed in deposit is transferred to the depository credit institution, the latter may freely dispose of these amounts in accordance wi...

The reform of state-owned enterprises’ corporate governance through the Government Emergency Ordinance no. 109 from December 14, 2011 is mostly noticed as the promoting the „private management” of these entities. However, considering the imminent privatization of significant state-owned enterprises, the legal cornerstone of the reform relates rather to the improvement of minority shareholders protection and to the enhancement of these entitie...

The article starts from different factual situations in order to draw the attention over a practice that is widely spread and clearly illegal: the factual misappropriation of immovable assets especially plots of land, for the construction in an undefined future of public interest objectives. Every day, in every important city of Romania, the provisions of Article 1 of the 1st Protocol of the European Convention for Human Rights are manifestly b...

This present article is intended to make a comparative analysis between a special mitigating circumstance which was introduced in 2010 in the Competition Law no. 21/1996, republished, with further amendments, and other legal institutions available both at the level of the national legislation in the competition field as well as the level of the European legislation in the context of the establishment of the sanction by the competition authori...

The comments on this case stand for an analysis of the way in which the foreign court (Austrian court) qualified by lex fori a juridical relation with an foreign element as well as the reasons for which the exception of lack of jurisdiction could not be used due to some procedural impediments (the de jure monopoly of the Austrian Federal Bar Association – ÖRAK over the representation before courts in this country).

The franchise agreement judicially regulates the economic operation by which the trader, who successfully carries his economic activity, provides another trader, who is independent and carefully selected, the trademark and know how to be exploited, and also assistance during contract. When the franchise contract comes to an end, it ceases to have effect, thus the former franchisee is obliged immediately to no longer use the trademark and know...

The cases under analysis are presented from two argumentation perspectives, a major one and a minor one, both leading (with regard to the same factual situation) to contrary solutions: admitting or dismissing the action for the liability of the administrator and/ or other managers for the debtor’s stopping payments.