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 ...

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...

The purpose of this study is to prospect and evaluate the possible legal implications and effects on the activity of joint stock companies and limited partnerships on shares that have issued shares to the bearer, according to the Companies Law no. 31/1990, after the provisions of Law no. 129/2019 enter into force, with special reference to the transitional provisions established by art. 61 of that law. ...

The request for the termination of the abusive clauses in the credit agreements is imprescriptible, being subject to the regime of absolute nullity, since it penalizes violation of norms of public order. The application for the restitution of benefits provided under the canceled clauses, whether it is formulated together or separately from the main application, has a distinct prescriptible regime. As the object of the requested benefits is rep...

Alteration of a company’s the charter can be implicit or explicit. When the alteration is explicit, it refers to the functioning of the company, to clauses that regulate the corporate life. Only in this case must the legal provisions regarding the alteration of the charter be respected, starting with the quorum and majority conditions of the general meeting, passing through the transparency procedure of the amending text, in order to inform t...

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.