Governed by its pragmatic and utilitarian feature due to the common-law system from which it originates, leasing has emerged as a need to provide an alternative loan award to provide at the same time the owner of the assets with the possibility to recover the property given to be used by the receiver where the latter no longer wishes, at the end of lease period, to continue any contractual relationship. But as the continentalist legal system do...

This article is mainly intended at discussing the possibility of claiming the vice of consent consisting of violence (threats) in the relations between professionals, as well as the analysis of the concept of economical violence and the conditions thereof. The article starts with a section presenting the regulation of the violence in the new Civil Code, then addressing the claim of violence as a vice of consent in between professionals and fin...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the third of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it migh...

The board of directors and the managers of the company, for the companies managed in the unitary system, or the supervisory board and the manager, in the case of the companies managed in the dualist system, are organs of the stock company which, even though lack legal personality, hold the totality of management prerogatives of the company. They are characterized by the doctrine as collegial management organs of the stock company, ex...

Starting from the definition and the underlyings that justify piercing the corporate veil, the articole presents the multiple forms of lifting the corporate veil and makes a short review of the Romanian law in this matter, given the declared purpose of highlighting the concept’s potential to answer the latest demands of the business environment. A modern institution of the business law, piercing the corporate veil proves to be a remedy fo...

In this article, the author analyses the relationship between the right to be informed and trade secrets, in a context in which traders often invoke the privilege of keeping secret information that would also contribute to identifying the effects of their activities on human health and the environment. On the one hand, the ability to keep certain information secret is often a matter of survival for traders, on the other, access to data may be ...

This paper purpose is to identify the historical reasons which underlie the current tax treatment of the interest payments under the Model Conventions elaborated by the Organization for Economic Cooperation and Development and by the United Nations. Although similar from the regulatory point of view, the different treatment of the interest income under the two Model Conventions is important, mainly due to their general purposes and to the way t...

Taking into consideration the new regulation implemented by the legislative power through the Governmental Emergency Ordinance no. 9/2013 which establishes a financial burden called “the environment fee”, a fee that has to be paid when registering a car in Romania, the present study intends to analyse whether the above-mentioned regulation succeeds or not in being different from the previous regulations which have been considered t...

The paper analyses the new collective actions for elimination of unfair terms from consumer contracts with regard to the effects of the judgments rendered in these cases. The judicial instruments for correcting unfair terms from standard contracts create an incomplete mechanism which produces an improper erga omnes effect.In the context of postponing this regulation, a legislative intervention is required for optimizing judgment...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the second of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it mi...