The bodies of the company are internal parts of the legal person through which it expresses its social will. The distinction between a legal entity and its organs can only be seen from within. Persons designated as members of a corporate body must be registered for advertising purposes. The legal representation of the legal person is the rule, unlike the legal representation of the natural person, where the exception is. The legal representati...

This article presents the main provisions of Law no. 258/2017 and critically analyzes those that would put theoretical and practical problems. The new provisions will undoubtedly increase the administrative costs of the service providers, including banks, since the law establishes a series of freezes, which, at least for vulnerable consumers, actually allow the full free use of a basic payment count. Then, service providers and credit institut...

The article presents an analysis of the institution of the rise of the tax claim, a legal institution to which, under the Old Tax Procedure Code (Vechiul C. pr. fisc.), another legal entity of fiscal law is transferred: the prescription of the right of the fiscal body to establish tax receivables.Although we are talking about norms that have been the subject of The Old Fiscal Procedure Code (Vechiul C. pr. fisc.), their shadow is still ...

In the final table of claims drafted during when opening of the insolvency proceedings, in the case of the creditors who are beneficiaries of a cause of preference, together with the receivable shall be entered its accessories, too. Keywords:

This article discusses concentration operations have taken place on the EU stock market over the last 20 years, with a particular focus on two recent developments: the merger of the London Stock Exchange Group and Deutsche Börse Group (stopped by the European Commission in 2016 due to antitrust concerns and the merger of the Bucharest stock exchange and the Sibiu stock exchange to form a unique Romanian stock exchange (which was completed effec...

One of the fundamental questions for the international commercial arbitration practice, at least in the most renowned European arbitration centres, is to what extent the international arbitrators have a duty to acknowledge an imperative, public law-based character of the European competition rules.Certainly, the question may prompt a variety of approaches – theoretical, empirical, targeted or holistic, in a global or exclusively European ...

The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania applies new Rules of Procedure on 1 January 2018. Unlike the old rules or amendments, the stated purpose is to comply the Bucharest arbitration with the recent amendments made on an international level concerning the introduction of new institutions. ...

Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to reduce...

Immediate effect of the opening of insolvency proceedings, the suspension of any action against the debtor is imperatively imposed by the law, and stops them at the stage in which they were, including during forced execution. Keywords:

The paper analyzes the jurisprudential recognition of good faith in corporate governance, initially as a condition of the business judgement rule and subsequently as a component of the duty of loyalty. The objective of this paper is not to identify the contours of this duty, rather it will examine different interpretation methods, the most relevant being the identification of good faith as a distinct and selfstanding fiduciary duty in 1995, and...