This article emphasises the error aplicable in a very restrictive field, the artwork circulation. Although the legistator’s defining term is not an unitary one, the scope of an understanding’s sphere concerning the artistically works was achieved by the means of doctrine and jurisprudence. Their originality is essential in being considered as artwork. Synonymic with the mobile cultural goods, the selling purchasing of artworks are feigned in ...

The New Civil Procedure Code and the law for its application generate a transformation of the paradigm as regards the temporal application of the civil procedural law, operating a replacement of the system based on the isolation of the procedural act by the system focused on the stages of the civil process.The law for the application of the new Civil procedure code was requisite in order to endorse the transition form the former code to t...

In Case C-681/11 Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. and Others, in a judgment issued on 18 June 2013, the Court of Justice of the European Union (CJEU) considered that a company that infringed EU competition rules cannot be exempt from the application of a fine in spite of claims that it relied on legal advice given by a lawyer with regard to the compatibility of its behaviour with n...

The procedure for convening a General Meeting of Shareholders is a step in the mechanism of forming the corporate will and is regulated by rules of public order, their observance protecting the shareholders, the company and the third parties, thus ensuring the stability of legal relationships.

The purpose of this paper is to realize a freeze frame of the actual debate on corporate governance theories. It deals with the major theories of corporate governance: agency theory, stewardship theory, stakeholder theory, resource dependency theory, transaction cost theory and political theory. Are presented the origins and the evolution of the main assumptions of all these six well known corporate governance theories.After the corporate...

The objective of this study is to identify the solutions developed for settling jurisdictional conflicts concerning the commencement of cross-border bankruptcy proceedings. The research methods used for this purpose are the analyzing of the proposals elaborated by the authorized bodies, and the researching of the jurisprudence configured in this area.The study conducted indicates that these conflicts on the opening of the cross-border b...

The enactment of the right to information under Art. 31 of the Constitution also allowed the enactment of certain constitutional exceptions from the exercise of this right, such as the „national security”. Law No. 544/2001 on free access to public information implemented such fundamental right into Romanian legislation, and one year after, the enactment into legislation of the exception on restricting public access to information of interest f...

The following paper analyses the provision of article 11 form of OECD and UN Model Conventions. Article 11 is used in both Model Conventions in order to regulate the taxation of interest incomes derived from cross-border relations. In the same time, the reader shall be informed on the way Romania has understood to regulate the taxation of the interest incomes within the double taxation convention it became party to. After more than 75 years of...

The article approaches the impact of the general principles of European law on tax matters starting with the origin of this notion in the case law of European Court of Justice; the article also analyses the content and classification of general principles with focus on the most important of these that can be applicable on tax matters. Furthermore, the author’s personal comments on the application of these principles by national courts in...

To shelter the creditors from the acts concluded by the debtor in their fraud, the law opens them the path of a special action, the Paulian action, by which the creditors can attack in justice the vilain acts concluded by the debtor with the defendant third party, requesting the competent court of law to declare them as inopposable in the relations with them allowing them to avoid the consequences of fraud.The creditor cannot prevent th...