Jurisprudenţă comentată a C.N.S.C. Preţurile preluate copy paste de pe un site și justificarea preţului aparent neobișnuit de scăzut în achiziţiile publice
Numărul 4 Anul 2020
The Romanian National Council for Solving Complaints confirms that the mere submission of an e-mail without any identifi cation data does not account for a conclusive proof to justify an abnormally low tender. In a similar vein, a mere sworn statement from the bidder mentioning a discount received from the producer without any other proof should be disregarded by the contracting entity.Furthermore, if the producer in question even express...
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Metoda votului cumulativ, în reglementarea actuală a dreptului român al pieţei de capital
Numărul 4 Anul 2020
This study is dedicated to the examination from a normative, theoretical and practical perspective, of the cumulative voting method, method for electing the members of the management and supervision bodies of joint stock companies whose securities are traded on regulated markets, method initially established by GEO no. 28/2002 on securities, financial investment services and regulated markets and by Law no. 297/2004 on the capital market (LPC...
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De la inovaţie doctrinară la normativitate transnaţională. Consideraţii asupra litigiului Bremen și alţii contra Zapata Off-Shore Co.
Numărul 4 Anul 2020
The Bremen and others v. Zapata Off-Shore Co. case could be contemplated as a purely foreign trade case and not as international trade one. This article focuses on the idea that foreign trade and international trade are two different areas.Their interplay, if any, amounts to another idea; that is to sustain that the Bremen and others v. Zapata Off-Shore Co. case can be regarded as a particular stance of the transnationa...
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Stabilirea răspunderii pentru implicarea într-o înţelegere anticoncurenţială în sarcina unei întreprinderi care nu este activă pe piaţa afectată
Numărul 4 Anul 2020
The present study takes into account the recent case law of EU courts and the practice of the Commission and of the Romanian Competition Council with regards to the concepts of party to the agreement and „facilitator” of the agreement, by puting forward arguments in the sense that for the responsability of an undertaking for its involvement in an anticompetitive agreement to be established it is not neccessary for the said undertaking to be a...
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Sarcinile de investigare ale notarului public în procedurile notariale
Numărul 4 Anul 2020
In the concern to define the acquittal behavior of the public notary – a provider of legal advice – the author insists on the prior obligation of investigation that the notary must fulfill before providing the required service; the rule is deduced from the general concept of legal guarantee that he (the notary) must offer; the rule is adapted accordingly to the procedures for authentication of sales and real estate mortgages; the task of verif...
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Drept și stil juridic. O plimbare publică printr-o pădure narativă (privată?)
Numărul 3 Anul 2020
A quarter delight, three quarters effort, frustration, insatisfaction and self-cricism, inconvenience and sleepless nights. (…) A good text is like the outcome of succesful hunting, it requires long wait, with patience and perseverence. I understood that there is not just one angle from which to look at the world, nor defined landscapes, but just images glimpsed through a moving window. I understood that (…) the stories...
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Cum scriu
Numărul 3 Anul 2020
The purpose of a researcher should be to produce knowledge, and the personal merger between form and genuine content accurately indicates the place of an author within the professional community. Creating and using your own concepts and syntagmas are the defining step in this process and are what mark the identity of the scientific discourse.
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Cum scriu?
Numărul 3 Anul 2020
Ideally, I think, for every judge is that the problem of the dispute be a complicated one and with a relevant stake, so that you can hope that the parties will be represented by well-prepared and good-faith legal professionals. Why? Because, in such a case, on one hand, your research work is made easier, and on the other hand, at the end of the dispute, you have that feeling of accomplished duty, of finding the truth (not only the judicial tr...
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Cum scriu
Numărul 3 Anul 2020
Try to explain things (the facts of a case, for example) as if the reader would know nothing about it, but also has not much time to read. Because of this, complicated things should be explained as simply as possible.
Keywords:
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Cum scriu?
Numărul 3 Anul 2020
Starting from the Latin saying scripta manent and the local proverb that „forgetting is human”, I find justified saying that what the great specialists of law – pleading lawyers or exceptional professors – affirm is at least useful to be written or preserved by other means of storing information.
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