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...

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...

This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This second part analyses: in-kind contributions; general aspects; utility of the contributed assets and partial payment of the shares; different in-kind contributions; contribution of a property quota; mixt contribution (part of the asset contributed and another part sold); contribution of shares; contribution of the spouses common assets; c...

Certain discussions related to the parties of the trust, but also to the fiduciary transaction have been carried out in previous articles. In the present study only particular aspects are to be highlighted. Also, considerations regarding the character of the trust will be presented as it results from the novelty conception of the Romanian legislator.

By Emergency Ordinance of the Romanian Government no. 54/2016 regarding automobile liability insurance for damages caused to third parties by vehicle and tram accidents, which abrogates Law no. 136/1995 regarding insurance and reinsurance in Romania, the possibility that the payment of damages is being done directly by the own RCA insurer of the injured party, by way of direct compensation method, as well as the possibility of the policy hold...

The ability to identify correctly the position of datio in solutum law on all relevant issues within the current legislation determines the ability to comprehend the manner in which this legislative act represents a follow-up of legislative effort to ensure a balance of contract between consumers and professionals. In this paper we will present the manner in which the so called passing of the torch occurs between Law No. 193/2000 and