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...

The paper highlights the role and importance of negotiation between the parties to the credit agreement in order to achieve the object of the contract. Being the legal instrument through which the parties materialized their goals on the desired consumer credit and offered by the bank; the credit agreement shall contain any provision that would lead to achieving the outcome pursued by the parties.The first phase of negotiation is performe...

By approving the Law regarding datio in solutum, the Parliament intended to create a special form for an old institution – datio in solutum – especially by eliminating the necessity of obtaining the consent of the creditor for this mean of accomplishing through payment the obligations. The solution addopted produces some effects, which are unclear as being avoided through a general derogation from the Civil code, and could lea...

After the intensification of the banking credit activity in the latter part of the 2000s, the economic crisis, the devaluation of the national currency and the decline of the purchasing power, the consumers that were parts in the credit contracts initiated legal actions against the commercial banks.Although the national legislation came into force several years before, the disputes in the matter of the protection of the consumer law issu...

The hereby article aims to present a short analisys of the legal grounds of the claims filed by the borrowers who were afforded loans in HUF, claiming the repayment of the loans at the exchange rate applied by the bank on the date of advance of the sum borrowed and the repayment of the loan instalments in RON, but, most importantly, of the legal grounds of the few decisions by which these claims were granted.There is an unprecedented ten...

Romania’s economic policy has undergone a significant change of direction lately. After several years of fiscal consolidation and structural reforms, closely monitored by the IMF and the European Commission, the fiscal position of the country seem to change. Relaxation measures were implemented in 2015, as VAT cuts and wage increases. Some of these have already been implemented last year, while a new set of measures enter into force in 20...

This article approaches the issue of the transfer of the property right over the shares of a company, concentrating especially on the sale transfer. There are also analyzed various forms of transfer based on the size of the stake, type of the company, finance of the transaction, as well as fiscal aspects. Declaration in the company’s registries is not a specific form of transfer, but a way of making the transfer opposable to the issuer, as a ...

In the insolvency proceeding (actually regulated by Law no. 85/2014 and previously Law no. 85/2006) the prerogative of dismissal/unilateral termination of the ongoing convention is conferred to a third party – official receiver (or liquidator), which takes over the supervision or management of the insolvent debtor’s activity from the very moment of opening of the proceeding, unilateral termination of the ongoing convention, depending on the p...

The study critically analyzes the text of art. 207, para. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, according to which the new rules of conflict will immediately apply in all cases when the submission of the claim in front of the court or other competent authority was registered after the date of entry into force of the new Civil Code (1 October 2011). The legislator does not refer to the date when th...