The study analyzes the relocation of the relationship bank – consumer following the recent legislative initiatives regarding the protection of the credit consumer and discusses the convergence or the competition of these new normative solutions, concluding that they have to be promoted with professionalism and responsibility, taking into account the economic and legal impact.

The study analyzes the new institution of datio in solutum of the immovable properties in order to settle the obligations through loans, in terms of its legal nature, seeking to know whether it can be placed into a pattern already known from the theory of civil obligations or if it exceeds these patterns. Datio in solutum of Law. 77/2016 is compared with the datio in solutum of the Civil Code, with the objective novation by change of ...

The study analyzes the new legal instrument of datio in solutum in terms of the extent to which it subsumes the regulatory framework existing in the matter of mortgages, on taking over the mortgaged movable good on the receivable account, presenting “in mirror” this similar mechanism and convergence, respectively divergence between the two institutions.

In the hereby article we sought to provide a prima facie comparative analysis over the institutions involved in the concept of datio in solutum as envisaged by the Law no. 77/2016, its possible judicial and economical effects and the possibility of undergoing a constitutional review.We started with short analysis over the main institutions relevant for the above mention law as they are provided by the Civil Code, such as, datio in solutu...

The study analyzes the recent legal act regarding the consumer protection in relation to professionals, with particular application to the relationship bank – consumer and to the efficiency of the and alternative dispute resolution mechanism between them in terms of its aptitude to be an effective remedy for the consumer credit indebtedness. ...

It is a fact that economy has undergone profound changes, in recent years, that have changed the physiognomy of companies and corporate law, and at the same time put ethics on the jurists’ agenda. The new stakeholder approach to corporate governance, regarding the maximization of the interests of all the parties impacted by the activities of a company, implicitly generates corporate social responsibility (CSR). The doctrine of ”legitimate expe...

This paper highlights the stages of Romania’s adherence to the European Banking Union (EBU). Although the initial estimated adherence schedule conceived by the National Bank of Romania, the Ministry of Public Finances, The Bank Deposits’ Guarantee Fund and the Authority for Financial Supervision was not respected, the transposition into national law of the relevant European legal dispositions having been delayed, at present they do...

Double Tax Conventions are international treaties subject to public international law. Therefore, based on the rules and principles of public internaţional law, provisions of the Double Tax Conventions overrides domestic tax legislation. The extent în which this principle is expressed in the domestic tax legislation (Tax Code) does not fully observe the public international law.

The local tax for drilling and excavation and consequently issuing of the required authorization, have been applied in a divergent way and causes considerable fiscal burden for contributors acting in mining industry. In many situations these obligations have been illegally set, therefore we propose a legal reading of the rules from the perspective of both ordinary and constitutional judicial practice. We also analyze hereinafter the excavation...

The present work aims at analyzing the most relevant international institutions and organizations in supporting and facilitating economic and trade relations and activities, namely the World Trade Organization (OMS), United Nations Conference for Trade and Development (UNCTAD), and the United Nations Commission on International Trade Law (UNICITRAL); the article also focuses on recent changes and developments in the field. Furthermore, this w...