This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which ...

The paper will analyze the issues relating to the distinct regulation of the main cause of losing the shareholder status in a limited liability company, namely the transfer of shares and the withdrawal of a shareholder from the company.In practice, it is essential to correctly qualify the manner in which a shareholder withdraws from a limited liability company, the transfer of shares or the shareholder’s withdrawal, and in this paper we ...

By virtue of the technical progress and the unprecedented development of information means, what was only fiction half a century ago has now become tangible reality. Being everywhere around us and mainly meant to improve the quality of our lives (as the video surveillance systems inside public institutions, supermarkets, stadiums etc.), the surveillance systems has become a real ”invisible forensic help”.

During the incipient period of application of companies’ legislation, legal issues concerning the formation, organization and development of trade companies’ activities were examined preeminently by scholars and courts, since that was a time of creation and hope; events like withdrawal or expulsion of an associate were marginal issues that were disrupting the corporate harmony and not so often met în practice.The economic crisis affected...

The patrimony by appropriation represents an instrument in business operation, even the business itself, therefore it is required to regulate it in accordance with the requirements modern economy.This paper analyses and proposes some solutions for the problems of the patrimony by appropriation as instrument by the dint of which a business is operated, as a modern patrimony management technique and as an instrument for limiting commercial...

The article aproaches the issue of the profit treatement and distribution of dividends in a complete and applied way, including for the listed companies. Due to the fact that Law no. 31/1990 does not offer to the intrerpretor a clear and unequivocal text, one should try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards. ...

Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.Although almost all news reported during this study ...

The Romanian Chamber of Commerce System is an active, mobilizing and reforming presence of the domestic and international trade.One of milestones of the Chamber of Commerce legislative accomplishment was the elaboration of the Constitution of 1923, which had been the promoter of the development and of the reform of the Chambers of Commerce in Romania. ...

Germany’s Federal Court of Justice issued on 13 May 2014 two decisions (XI ZR 405/12 and XI ZR 170/13) stating that contractual term regarding the processing fee in consumer loans is unfair and thus ineffective. This paper briefly explains the reasons for the Court’s decisions, which may be of certain importance for the on-going debates among Romanian scholars. ...

The compensation institution of mutual receivables and payables of the creditor and debtor has regulators, both in the Insolvency Law and in Common Law. However, in the operational practice of this legal institution of extinction of obligations, during the insolvency procedure, we notice that the insolvency practitioners are avoiding this operation, as well as the syndic judges are reluctant when rulling over compensation.Men...