Articole din categoria: Anul 2016

Studiu de drept comparat privind insolvenţa persoanei fizice
Numărul 12 Anul 2016
The present study represents a doctrinal assessment of the Law no. 151/2015 on insolvency procedures applicable to individuals, which was adopted by quasi-unanimous vote in the Chamber of Deputies on May 20th, 2015. While concluding the comparative analysis in the context of the Romanian judicial system particularities, we express fears that the law will most likely miss the intended target, unless the legislative body amends its c...
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Fiducia. Analiza definiţiei legale. Diferenţa specifică
Numărul 12 Anul 2016
This study is the part dedicated to the legal definition of the trust in the Romanian Civil Code. As we have seen, usually defining a concept shall be made by indicating the genus proximum (the reference piont, the closest in meaning to the notion that is defined) and specific difference differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum...
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Răspunderea limitată și răspunderea nelimitată a asociaţilor. Pierderea beneficiului răspunderii limitate
Numărul 12 Anul 2016
Limited liability of the shareholders is a fundamental concept of the companies, considering that currently, quasi-unanimity of them, are registered as Joint Stock Companies (Corporations) or Limited Liability Company. Limited liability means that the only one that is liable for the corporate debts is the legal person, not its shareholders. Limited liability works as a veil against the personal liability of the shareholders. Thus, the maximum...
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Distanţarea publică în dreptul concurenţei – noţiune, domeniu de aplicare, natură juridică și condiţii de procedură
Numărul 12 Anul 2016
„It should be borne in mind that it is suffi cient for the Commission to show that the undertaking concerned participated in meetings at which anticompetitive agreements were concluded, without manifestly opposing them, to prove to the requisite standard that the undertaking participated in the cartel. Where participation in such meetings has been established, it is for that undertaking to put forward evidence to establish that its participati...
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Executarea silită a părţilor sociale. Scurte consideraţii
Numărul 11 Anul 2016
The survey examines the shares enforcement procedure, the rules and restrictions resulted from the observance of the legal status of these securities. Keywords: shares, enforcement, public tender, affectio societatis
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Impozitarea nerezidenților în Noul Cod fiscal: Treaty override?
Numărul 11 Anul 2016
This paper deals with the relationship between the double tax treaties and the methodological rules for the application of Fiscal Code with a focus on the ”net of tax contractual” provisions which are frequently used in the agreements concluded with non-residents. In our view, the provisions from the methodological rules which prevent the application of double tax treaties when the tax is borne by the Romanian income payer override the treaty...
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Fiducia. Analiza definiţiei legale. Genul proxim
Numărul 11 Anul 2016
The usual definition of a concept is carried out by indicating the genus proximum (genus proximum is the reference point, the closest in meaning to the notion that is defined) and differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum). In the following we tried to capture the genus proximum – trust. In a future study we will aproach t...
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Proprietatea periodică – o nouă modalitate a dreptului de proprietate?
Numărul 11 Anul 2016
In 70’-80’s timeshare was a legal innovation followed by Western Europe which in the present times sparks no more interest. However, the Romanian legislator wanted to give it a legislative regulation in order to clarify the legal nature of the right. This regulation lacks no criticism, so in this study we have analyzed from several points of view the nature of the right as well as the assumption of inconsistencies between the law and Constitut...
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Fighting Online Copyright Infringements: A Neutral Role for Internet Access Providers?
Numărul 11 Anul 2016
In the digital age, almost unlimited copies of copyright protected material can be made by millions of people at the same time, and in many cases this is done anonymously. Under such circumstances, right holders are becoming more interested in looking to the gatekeepers of the information available on the Internet (the Internet Access Providers that is) rather than individual users in an attempt to put an end to online copyright infringement....
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Deturnarea de fonduri din bugetele Uniunii Europene
Numărul 10 Anul 2016
According to the law, misuse of grant European Union funds offence consists in the misapplication of such funds for purposes other than those for which they were granted. In the analysed provizions it is also criminalised the intentional act through wich, without compliance with the legal provisions it was obtained a benefit which had as effect the illegal reduction of the resources of the general budget of the European Union or of the budget...
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