The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion – as vice of consent – and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of i...

Article 1170 of the Civil Code regulates the general obligation to act in good faith in the negotiation and execution of contracts. From the legal nature of the obligation good faith has important consequences in terms of sanctioning its non-compliance: this obligation does not follow the regime of non fulfilment of an obligation contractual, i.e. it does not activate in favor of the creditor the rights stipulated in article 1516 NCC. A distin...

In terms of obligations, in general, and contracts, in particular, the new Civil Code brings innovations, indeed, which will be widely discussed in the doctrine and will make the subject of jurisprudential disputes as well. The paper is an attempt to outline the novelty issues in relation to the general principles applicable to contractual good faith; we hope that, the briefer this is, the more enlightening it will be for jurists, given the fa...

Preliminary contracts belong to legal institutions which, in the Romanian legal system, have not been, until the publication of the Romanian New Civil Code, legally regulated by a particular law, the Old Civil Code or the Trade Code did not comprise stipulations which specifically regulate their legal nature and the effects that these „legal constructions” produce. The existent legal provisions did not focus on the pre-contractual phase, but ...

Several trial options lie ahead of both claimants and national judges, in ongoing fiscal litigations, in view of the determination of the VAT owing for the immovable property transactions carried out by natural persons in the boom years of 2005-2008. The fiscal prosecutions have suffered a serious setback with the publication of the ECJ decision from November 7th, 2013, in the joined Cases C‑249/12 Tulică and C‑250/12 Plavoșin

The article presents the issues that the current Code of Civil Procedure clarifies with regard to certain doctrinal and arbitral jurisprudence controversies, as well as the way of implementing some solutions of arbitral practice at the legislative level. Keywords:

The legality of the administrative, regulative or individual, acts, issued by the Financial Supervisory Authority for the organization of the working capital market are made using the administrative legal department procedures. The disproof of the sanctioned acts, issued by the Financial Supervisory Authority, will be analyzed by a specialized court, the Bucharest Court of Appeal, with the enforcements of the legal general provisions referring...

The article deals with some basic problems of the special regulation of the joint-stock companies active in the field of sports. A special and derogatory legal regime of these companies is justified. But the current regulation should be modernized, adapted to the current legal, economic and social conditions. Law on the one hand should support the establishment of these joint-stock companies, setting clear criteria and procedures, on the othe...

Regulations of unfair contractual terms and practices are a relatively new field in the relations between companies. However, its importance should not be overviewed considering the high potential risk arising from it. There are a number of legislative provisions granting to the unfair terms and practices between professionals its due importance.Both European and national regulations incline to regulate more profoundly the relations betw...

Conducting 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 having the purpose of protecting the shareholders, the company and third parties, thus ensuring the stability of legal relationships.