Articole din categoria: Anul 2016

Electrabel v. Hungary sau deconstrucția unei fragmentări. Studiu de caz privind reglementarea prin arbitraj a diferendelor intra-UE dintre un investitor și o parte contractantă la Tratatul privind Carta energiei
Numărul 8 Anul 2016
An argument, which has been repeatedly and consistently advanced in the intra EU disputes by the European Commission and the EU Member States is that there is a sort of inherent conflict between EU law and the investment arbitration under Energy Charter Treaty, which would somehow prevent European investors from using it against EU Member States. Conflict of treaties is a hot topic leading to a more general debate on the alleged fragmentation ...
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Despre limitele aduse dreptului de proprietate privată prin Legea nr. 238/2004 a petrolului
Numărul 8 Anul 2016
The free exercise of the private ownership right on land is limited in terms of the use – as an attribute of it by Law no. 238/2004 of oil, which entitles the owner of natural resources the possibility to use the land soil to conduct on this works that have as the use of the subsoil where the underground deposit is located. The restriction of the private ownership right of the landowner in the subsoil where are the natural resources is co...
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Expirarea (duratei) mandatului administratorului societății (comerciale)
The issue regarding the effects arising from the termination of the administrator’s mandate has received different answers in the business practices and, in particular, in the case law, which requires doctrinal clarifications.Our purpose hereby is essentially to determine whether, following the termination of their mandate, the administrator – representative of a company – keeps or not such capacity given that the company has not appoint...
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Infracțiunile de evaziune fiscală (I). Aspecte comune ale infracțiunilor de evaziune fiscală
Numărul 8 Anul 2016
This series of three articles, in three parts, analyses the issue of tax evasion, regulated by Law no. 241/2005 regarding the prevention and fighting tax evasion. This first part treats the common aspects of the crime: regulating, notion, through the definition of the terms like fiscal duty, taxes, fiscal base, defined in the Fiscal code and Fiscal procedure code. Considering that not any erosion of the fiscal base, by the tax payer, represent...
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The Marcian Pact in the Italian Supreme Court Jurisprudence
Numărul 8 Anul 2016
The commissorio and the Marcian pact, the invalidity of the one and the validity (maybe) of the other, characteristics, differences in ratio, problematic profiles and analysis according to the Italian Supreme Court of Cassation, the comparative influences, until the Banks Decree entered into force last July that for the first time introduces the Marcian Pact in the positive law, bringing significant changes.
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Infracțiunile de bancrută (III). Articolul 241 C. pen. – Bancruta frauduloasă
Numărul 7 Anul 2016
This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 pf the Penal Code. This third part approaches the fraudulent bankruptcy crime. The active subject, although, de jure, not qualified, de facto is an executive within the debtor-legal person. Legal object is analyzed through the constitutive content of the infraction, which regulates three alternative ways of accomplis...
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Repere ale evoluției modalităților dreptului de vot în adunările generale ale asociaților societăților reglementate de Legea nr. 31/1990 privind societățile și de Legea nr. 297/2004 privind piața de capital
Numărul 7 Anul 2016
Through this study we aimed to conduct a historical and critical examination of the ways in which, both the Law no. 31/1990, with all its subsequent amendments, and Law no. 297/2004 referring to capital market, by reference to the European provisions, regulated the conditions and the procedures for exercising the voting rights at general meetings of shareholders, in general and, in particular of joint stock companies shareholders regardless of...
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Influenţa dreptului european asupra dreptului național al societăţilor – exemplul fuziunilor transfrontaliere
Numărul 7 Anul 2016
In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member states’ l...
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Transferul de afacere
The literature has approached the issue of the transfer of business either from a fiscal perspective or when discussing the insolvency procedure, as method to restructure or capitalize the assets of the insolvent debtor or in terms of its connection to the rights of the employees from the transferred company.Therefore, we plan to conduct a comprehensive analysis of this juridical notion, in particular as regards its significance and sco...
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Mecanisme de soluționare extrajudiciară a conflictelor dintre instituțiile de credit și consumatori
The context in recent years, tailored by the distrust in financial-banking activities manifested by customers such are consumers, and by the existence in this field of a high number of ongoing disputes, has determined and justified the improvement of the legislation concerning the mechanisms of alternative and supplementary access to justice. Numerous alternative methods of dispute settlement can be identified in this respect, regardless of wh...
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