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 first part analyses: the notion of contribution; subscription and payment of the shares; legal characteristics and types of subscription; aspects of private international law; default of payment of the shares subscribed; suspension of the exercise of the shareholders’ rights; damages and late payment; foreclosure of the default sharehol...

Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provision in...

This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...

As it has been frequently said – perhaps oversimplifying –, international commercial arbitration is a consensual procedure, meaning that only the parties to an arbitration agreement can participate in the proceeding based on it. But who are, exactly, those parties?It is already commonplace that the effects of an arbitration clause can benefit, or bind, other entities than the formal signatories of the contract containing that clause. On...

This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.