Community property regime affects both the setting up and the functioning of companies regulated by Law no. 31/1990, in case one of the spouses disposes of the indivisum estate, in order to acquire shares or stocks. Thus, the provisions of art. 349 of the Civil Code should be related to the specific regulations on companies.

The hereby article is meant to highlight and to accentuate the meaning given by the legislator to the provisions stipulated by art. 241 of the Capital Market Law, by comparing the limits of competence imposed on the executive management of a stock company, by reporting to the plenitude of competence belonging to the general meeting of shareholders, pursuing in the same time the interpretations given to this article, bearing a brief comparative...

This article represents the second part of a study aimed to provide an overview over the services and construction contractors’ liability under the Romanian Civil code. In this second part, the authors focused to the special provisions from the Romanian Civil code, applicable to construction contracts and also provided brief considerations with regard to the termination of the contractor agreements. Where the case, the special legislation has ...

Under the old Romanian Civil Code the assignement of rights and obligations and the possible substitution of a contractual party were not subject to any legal provisions holding globally the possibility of any contractual position transfer. Therefore, at the time, the scholar aproach was suggesting a divisional view – the dissolution of the contractual transfer concept in different suitable civil institutions ready to offer explain as for the...

Article 96 of Law 85/2006 on insolvency proceedings was amended by Law 169/2010, published in the Official Journal of Romania, part 1, nr. 505/21.07.2010.This legal text regulates the category of essential providers. Unfortunately, this legal amendment hasn’t brought the answers expected by those who practice insolvency, respectively by this professional doctrine. Moreover, this law amendment brought up new questions on the category of e...

This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due to the ...

The rules set forth by legal provisions have received, in time, various arguments: natural law or jus naturalism, positive law, voluntarism, normativism, law as a social fact, etc. Recently, a new theory relating to the economical efficacy of the legal rule has been put in place. According to this theory, any legal rule gains in effectiveness and presents more authority if it is also supported by an economical explanation.In this context...

Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...