Art. 1.420 is part of the texts that Civil Code of 2009 did not take from the old Code. The text allows – in the case of an event considered by the parties as a term, but being an event, however not realized – that the provisions of chapter dedicated by the Civil Code to the term as a modality of the civil legal act to become applicable.The present study includes, in its first part, an analysis of the substantial aspects relevant to the ...

In order to determine the existence of the favor contractus principle in the Romanian civil law, we deem it useful to analyze the legal provisions applicable to the contract in order to establish to what extent it can be held that an intention of the Romanian law maker in the sense of favoring the contract exists. In the present study, we analyze the existence of such provisions among the provisions regulating the seller’s guarantee w...

The regulations analyzed in this study have as common note their density of the one part, as well as the terminologic inconsistency and lack of substance on the other side. Although they are partly in harmony with the European regulations, in those areas where the state had the possibility to take stricter measures, it did: the example of the export regime determined by the classification of goods in the national heritage. These restrictions ...

Art. 2030 paragraph (2) of the Romanian Civil Code, meant to confer greater protection to the parties of the agency contract, in the specific cases set by the legislator, does not require the continuation of the contract against the will of one of the contracting parties / of their heirs’, but merely the possibility to claim damages in order to repair the damages caused by the unilateral denunciation of the contract.

The subject of the direct action under the guarantee is a delicate and novelty in Romanian judicial practice, although the subject has been approached in the private legal space. The new Civil Code has brought an element of novelty by regulating the direct action under warranty for eviction, but not the direct action under guarantee for hidden defects. We have not yet been able to identify the reasoning behind this approach. This is why, in t...

If an economic concentration is created by the merger or acquisition of movable assets and the turnover of the companies involved exceeds the threshold provided by law, it is necessary that this concentration be notified to the Competition Council.The Competition Council will verify the way in which this concentration affects the geographic market and the product market, being extremely important the benefits that it can bring for collab...

The situation of the minor child from previous marriages generates confusion regarding the persons who are entitled to the personal deduction when the parent the child lives with remarries.This confusion is generated by a difference of vision between the provisions of the Methodological Norms for the application of the Tax Code, on the one hand, and the provisions of the Tax Code and the Civil Code, on the other.This study is an a...

Currently, by the provisions of Law no. 31/1990 regarding the companies, it was expressly enshrined the possibility of forced valorisation of the social parts both within a procedure provided by the Code of civil procedure and during an insolvency procedure. In this favorable legislative context, whether or not we agree with the current legislative vision, we proposed to find out whether, from the perspective of the potential adjudicator (cred...

Viewed broadly, business law encompasses the rules of law that characterize the entire activity of the commercial entity, starting from regulating its status as a subject of law and up to the norms that establish the legal framework for the conduct of its entire activity.The state-taxpayer relationship falls within the scope of the rules of fiscal law, both regarding the rules of material law and the rules of procedural law. In the conte...

A contracting authority has the freedom to externalise the provision of a service or the provide it internally by using their own resources in order to pursue public policy objectives. However, when doing so a contracting autority must comply with the free movement of goods, the freedom of establisment and the freedom to provide services as regulated by TFUE as well as the principles deriving therefrom, such as equal treatment, non-discrimina...