The mechanism or technique of lifting the corporate veil, which consists of ignoring the legal personality when it is used by associates as a schield for defrauding creditors is regulated in several normative acts. In corporate matters, relevant are the provisions of art. 2371 of Law no. 31/1990, which is the main object of our analysis. In the Preliminaries, we review the general rationale for seting up legal entities, particularly companies...

This paper examines the EB-5 immigration visa, created by the United States through the Immigration Act of 1990. The Immigration Investor Programm allows immigrants to earn their Green Card / American Citizenship by investing in American businesses. Investments range from commercial real estate to solar energy plants and could only be received by an economic unit defined as a Regional Center. It also focuses on the legal aspects of regional ce...

By inserting the arbitration clause in their contract, the Parties agree that they shall both bear the costs of the arbitration proceedings equally.In its decision regarding the costs, the arbitral tribunal will consider any and all of the circumstances it deems relevant, including if and to what extent the each party carried its part of the arbitration in a time and cost-efficient manner.Regarding the subsequent allocation of cost...

The issues regarding the civil liability of the professional incites increasingly the interest of the theoreticians, and even more of the legal practitioners being often cited in the settlement of the cases subject to judgment. Our analysis aims to outline the main references which rank this legal institution, trying to sustain with solid arguments the need for the acknowledgement of freestanding liability, separated in relation to other assu...

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 ...

The interpretation and application of the European Union law, including the caselaw of the Court of Justice of the European Union, by the arbitral tribunals is a subject which is little approached. This is due on the one hand as a result of the confidentiality of the arbitration awards and on the other hand to the specificity of the legal order of the European Union and of the International commercial arbitration. This article aims to illustra...

This study, 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: the use right and the resale right. Keywords:

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.