Particularităţi ale creanţelor împotriva averii debitorului insolvent rezultate din contractele de leasing
Numărul 2 Anul 2012
Leasing contracts are useful tools for many companies in regard to their activity. Easy to complete and often containing credit conditions more relaxed than the conditions needed in obtaining a bank loan, these agreements are included in the trade funds for a significant number of companies that go insolvent.
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Regimul juridic al măsurii de constrângere a debitorului de a-şi executa la timp obligaţia pe care şi-a asumat-o (daunele cominatorii)
Numărul 2 Anul 2012
The astreinte, derived from the Latin adstring is a process of constraint which, despite its character indirect, is very effective; it hits the debtor in his sensitive part, the portefeville, to the penalty is vast, although it is not without limits.The author reviews the evolution of the institution of penalty, judicial or conventional, limited to the comminatory measure „comminatory penalty”.
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Noţiunea juridică de daună cauzată prin poluare în context internaţional
Numărul 2 Anul 2012
International adoption of rules relating to damages caused by pollution is due to inappropriate and incomplete national legal systems.In these conditions, the contribution of international conventions is to qualify and quantify certain types of claims (e.g. pure economic loss caused by environmental pollution, costs of measures to prevent or limit pollution, environmental damage).
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Sistemul de control intern
Numărul 2 Anul 2012
According to Romanian National Bank Regulation No 18/2009 regarding the administration of credit institutions activity, the internal process of evaluation of the capital adequacy to risks and the prerequisites of outsourcing their activities as well as according to Basel Committee on Banking Supervision.Internal control is a continuous process, set up for providing a reasonable insurance that the performance objectives of the bank are m...
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Simularea personalităţii juridice în Noul Cod civil
Numărul 1 Anul 2012
The dispositions related to simulation under the New Civil Code (art. 1289 and the next, the New Civil Code) are applicable to the company as follows: the parties conclude a public and false act – the company contract – which conceals another secret and real act, the only act binding the parties, but not opposable to third parties; but the third parties can take advantage either of the public act, or of the secret one, as their interest dicta...
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Consideraţii cu privire la cazurile de excludere a asociaţilor din societăţile comerciale cu răspundere limitată
Numărul 1 Anul 2012
Since the activity of the company depends on the conduct of the associates and the manner in which they perform their statutory and legal duties, Law no. 31/1990 regulated the exclusion of the associates under certain circumstances for the purpose of protecting the company, but also the interests of the associates.Exclusion is a sanction against the associate who does not perform certain duties or causes a certain prejudice to the compan...
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Drepturile promitentului cumpărător rezultate din antecontractul de vânzare-cumpărare din perspectiva dispoziţiilor art. 93 ind. 1 din Legea nr. 85/2006
Numărul 1 Anul 2012
This article discusses the legal situation of the debtor who made a promise to sell movables or immovables prior to her subsequent judicial declaration as bankrupt, and of the creditors who made a promise to buy such goods. Taking in consideration all the „innovations” introduced in the Romanian Law in recent years, it argues that the non correlation of the dispositions of various recent legislative enactments, among which predominantly figure...
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