A modern society, where the corporate bodies are the main vectors of the economic life, needs solid rules to promote financial stability and to ensure that the companies are truly accountable not only to their shareholders but also to build and maintain public trust in companies and in their day to day management for the public benefit. This presentation aims to evaluate the enactment in the Romanian legislation, with special regard to the Comp...

Art. 132(3) of the republished Companies Law no. 31/1990, as subsequently amended and supplemented, regulates the legal action brought against the general decision of shareholders when absolute nullity reasons are invoked. What art. 132(3) does not clarify, unlike par. (2) thereof, regulating the hypothesis of the action for the annulment of the decision of the general meeting for relative nullity reasons, is whether the shareholder’s position...

The present study presents some important aspects in the new regulation regarding prevention and insolvency procedures, focusing, above all, on the principles of speed and specialty of this law. Law no. 85/2014 brought changes regarding its procedural mechanisms, among the objectives of the normative act being the guarantee of the speed of the insolvency procedure, in order to ensure both its efficiency and effectiveness. All participants invol...

The paper deals with the issue of the lawyer within the European context, highlighting his rights according to European regulations which establish and ensure the European lawyers freedom of movement and practice the profession in the EU. Statistics prove that these prerogatives recongnised to the European lawyer did not go unnoticed, the large and growing number of lawyers who decided to practice under the professional title of their state of ...

This first part of the series of articles relating to the architect profession concerns the formal aspects related to the organisation of the architect profession in Romania, describing the manner in which the (national) professional bodies operate, as well as the procedure for entering the profession. The aspects related to the performance of the profession – the forms of performance, the actual activity of the architect, its liability and o...

This study aims to highlight the characteristics of the action for restitution and actions for the exercise of real rights in the new Civil Code vs. the Cuza Code from the perspective of both substantive and procedural law. Keywords:

The article outlines the institution of separation of patrimony as regulated by the Companies Law no. 31/1990 in the context of analyzing the rules on division from a historical perspective, as well as from the perspective of European law and comparative law. It analyzes the separation of patrimony for the company’s benefit and the contribution in kind of a company, the distinction between the separation of patrimony and the contribution in k...

The initiation of insolvency proceedings against a contractor performing construction works is likely to cause detriment to the client considering the latter’s limited rights under Romanian law in case of the contractor’s default and the divergent case law on their enforceability. This article focuses on the client’s most important concerns and tries to determine to which extent these concerns are likely to be mitigated by the entrance into f...

After the date of opening of insolvency proceeding, if it was not raised the right of administration, the debtor, by special administrator, is the one who decide on restructuring measures or amendments of the collective agreement, under the supervision of the insolvency administrator. The right to decide on the termination of individual employment contracts belongs to the insolvency administrator/judiciary liquidator, according to art. 123 par...

In the present study we aimed highlighting the areas in the field of insolvency where a modernisation of regulations is necessary, in order to address deficiencies posed by the current legislative framework. This paper aims to conduct an analysis of the concept of rescuing companies within the European reference laws and of the reasoning underlying its, taking into account the key factors that have influenced the development of various insolve...