The European Commission has issued a series of recommendations on insolvency, outlining the guidelines that Member States should follow in their national legislation. In terms of individuals, the recommendations refers mainly to the harmonization of the debts discharge period, which should not exceed 3 years.By providing the benefit of debts discharge, the debtors are granted with a fresh start. Recently, Romania has adopted an insolvenc...

Law no. 151/2015 aims to protect only the vast majority of debtors – honest, but unlucky – which, placed under its protection, can get benefits – and share considerable benefits to creditors and society – consisting of their reintegration into the economic and social life. Therefore, the regulations about debtors’ behaviour, upon the entry, during and after the procedure, will isolate and exclude the debtors who expose themselves to...

This paper is addressing the implications of Romanian lawmaker’s choice timplement, in the New Civil Code, a new legal concept, the “professional”, term that encompasses the categories of traders, entrepreneurs and other persons that exercise economic or professional activities.

This article’s purpose is to perform a comparative analysis between the procedure of restructuring the legal persons as set by the old regulations before the new Civil Code, and the present procedure set by the latter – with the aim to identify and observe the common elements, as well as the particulars of the new regulation.The author also related to the provisions of some special regulations, in particular of Companies Law no. 31/...

The arbitrators’ pro-active role in the international arbitration modern era is one of the key factors in ensuring and maintaining an efficient and less judicialized case management.Lately it seems arbitration has caught the flaws of the guerilla tactics which alter the arbitration proceedings and the topic of efficiency is more newsworthy than ever.By avoiding dilatory and obstructive maneuvers the arbitrators’ pro-active role ma...

The objective arbitrability of the cases in which the defendant is a company undergoing insolvency proceedings must be analyzed, on the one hand, from the perspective of the stay of proceedings provided by Article 75 of the Insolvency Law, and on the other hand, considering the scope of the bankruptcy judge’s jurisdiction, in conjunction with the interpretation given to Article 3 para. (1) of the EU Insolvency Regulation. Conclusions.

Arbitration has had to deal with the fact that, when it comes to technical issues, lawyers are not indispensable for the settlement of disputes from the technical point of view. This solution may also work well for smaller disputes where law issues are clear and technicalities remain secondary, for larger disputes the situation is different. ...

Contrary to other professions, where there is a relatively balanced gender representation, there is a manifest disproportion in the case of boards of directors of listed companies in the European Union. In 2014, women accounted only for 20% of the total number of board members, 21% of the number of non executive members, 13% of the number of executive members and 3% of the number of CEOs. There are important differences between the member Stat...

Simplifying the tax system is one of the most important requirements to decrease the compliance costs and the administrative burdens for businesses small and large alike, as well as to improve collecting rank together with the tax evasion and tax fraud diminution.The Value Added Tax is one of the most substantial tax categories that contributes to the tax system consolidation at national as well as community scale. This required the nec...

This article aims at analyzing the society contract as a classic private law institution in terms of its origin. We notice that the first mention of the society contract origin is recorded within the papyrus “New Gaius ” at the end of the fourth century and early fifth century which indicates the legal arrangement called “antiquum consortium” or “ercto non cito“, forms of family severalty,...