The class action had undergone an extremely sinuous and complicated historical evolution. With origins that go back to XIIth century Medieval English Law, it has been subjected countless times to reforms and reconfigurations in order to adapt it to the needs of a certain era. Initially build as an instrument for the strong and few in their fight with the many and weak, the class action had transformed into a useful and efficient instrument for...

Our research aims to go forward with the legal analysis of the issue regarding the civil liability for professional malpractice, more precisely, identifying special coordinates on which this liability lies. If in the first part we have identified the main obligations of the professional, the second part is intended for special obligations. These kind of obligations are found about all categories of professionals and works as a genuine protect...

The preliminary ruling references made by Romanian courts or the refusal to make a reference are elements of the judicial relationship between the national courts and the Court of Justice of the European Union, according to art. 267 TFEU. The article analyses the reference for a preliminary ruling made by the Court of Appeal from Cluj (C-201/14, Bara and Others). The purpose of this article is to highlight the importance of applying and interpr...

This study, representing the second part of a broader project aiming to analyze the content of the rights of the artists and their status, render an overview of the patrimonial rights of the Romanian artists: use right and the resale right. The controversial resale right representing a neuralgic point of imbalance between the interests of the artist and those of the owner of the work of art, either plastic or photographic.

In our opinion, conviction for committing a crime in associated form, in according of art. 8 par. (2) of the Law no. 241/2005 to prevent and combat tax evasion, requires proving a certain degree of association: a structure, a network, a hierarchy, a program, planning the execution of actions that are sanctioned by criminal / penal law.

The new Civil Code innovates the sanction of contract rescission as far as substantial law is concerned, but an adaptation of the procedural law occurs as well, Government Emergency Ordinance nr. 80/2013 concerning the judicial stamp duty being enacted especially in order to adapt the payment of tax to the new judicial institutions created by this legal norms codex. By excluding the institution of finding the unilateral extrajudicial rescissio...

Germany’s Federal Court of Justice continues to elliminate from consumer credit contracts those fees which it regards as unfair, ruling out that on the grounds of the lack of counterperformance there is an imbalance between the parties rights and liabilities. Two recent decisions, dating November 2016 and May 2017 (XI ZR 552/15 and XI 308/15) extend the control of the unfair character of terms to the Bauspar contractual savings scheme, which ...

At the expiry of the 60 days term from the maturity of the payment obligation when the creditor may request the opening of the insolvency proceedings against the debtor has the legal nature of a grace period established by the legislator in favor of the debtor and which qualifies as a restriction of the creditor’s right to act against the debtor in opening the insolvency proceedings.

The opening of insolvency procedure on debtor’s request is done either when he finds insufficient funds available for the payment of due debts or when he finds that he will not be able to pay at the due date the due debts incurred with the money funds available at maturity

Law No. 85/2014 on insolvency prevention procedures and insolvency proceedings is characterized by the specialization, the autonomy and the strictly determined object of its regulatory norms. However, when applying these norms, particularly during the devolution of the insolvency proceedings, several conflicts, collisions and necessary correlations with other judicial norms, have been found, meant to ensure, if necessary, the primacy of incide...