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.

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...

The present study presents issues regarding the request for lifting the suspension of judicial, extrajudicial or enforceable actions for the realisation of the creditor’s claim over the debtor’s assets as provided by art. 75 par. 1 of the Law no. 85/2014 on pre-insolvency and insolvency procedures which creditors that have a preferential claim may have in favour, exception of the principle of suspension of the creditor’s powers to asset and enf...

The main goal of this study was to perform a research on the interpretation and application of art. 2158 paragraph 2 of the Civil Code, especially in the activity of natural persons. The research plan drawn up for such purpose, considered first of all, the presentation of the general aspects of money loan, and subsequently the examination of the restrictions imposed to loan granting with interest for natural or legal persons, who do not perform...