Articole din categoria: Anul 2020

„Noua economie” se bazează pe transparenţă
Numărul 4 Anul 2020
The financial system has a key role to play in transforming the economy into a more efficient and sustainable one, by reorienting private capital towards sustainable investment and encouraging more transparency. The consideration of sustainability factors in the decision-making process and investment advisory process can realise superior benefits. This can increase the resilience of the real economy and the stability of the financial system. T...
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Probleme privind răspunderea civilă pentru vină profesională în activitatea de consultanţă juridică
Numărul 4 Anul 2020
The study bases the model of correct behavior of the consultant providing legal services – exonerating behavior of civil liability – on the idea of intellectual enterprise; it is argued that the contract for services regulations are common law in matters of legal advice; two specific professional obligations are deduced from this concept: the efficiency obligation to the legal act performed (proposed) and the obligation of loyal advice; the pr...
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Impactul Deciziei ÎCCJ nr. 21/2020 asupra creanţelor fi scale pentru care dreptul organului fiscal de a stabili obligaţii fiscale s-a prescris
Numărul 4 Anul 2020
In interpreting of the provisions of the Old Fiscal Procedure Code, the Supreme Court ruled that the 5 year – prescription period is not calculated starting with 1st January of the year in which there is an obligation for taxpayers to fi le the tax return for this tax, as sometimes interpreted the fiscal body, but from 1st January of the year in which the basis for taxation of the profit tax was established.This article presents an analys...
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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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Cum scriu
Numărul 3 Anul 2020
Writing is as important for the discipline of an academic profession as is reading.But they are stages radically different, if not even opposed within the rhythm of academic life. A day that starts with going through bibliography, with checking sources or looking for the texts referred to by sources, or with reading texts which inevitably catch your attention, is a day which is lost for writing. Receptivity towards something new and cur...
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Cea mai bună minciună este adevărul
Numărul 3 Anul 2020
Regardless whether you write for practitioners or for the academic environment, it is an exercise of great responsibility to review the text before publishing it. This is writing hygiene. It gives one the chance to detect not only spelling errors, but also judgment errors. (…) I am not always successful with this, precisely because writing rather gets me tired than attracts me. However, happily the safety net works because there was always so...
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Despre drept și scrierea lui
Numărul 3 Anul 2020
By its very function and training, the notary is a man of legal „express”, of explicit formulations. (…) A seeker of the causal relation, who will never be able to detach from it. Although abstraction could help him, he ignores it, and prefers to look, confused, for the validity of the causal relation underlying the document he is drafting. He is easily afraid and take exaggerate precautions. His anatomy impedes creativity, so he prefers well...
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De ce prefer textele negociabile, nu textele de adeziune
Numărul 3 Anul 2020
The texts I write (and, in general, the texts that are written in law) are of two kinds: “negotiable” texts and texts “of adhesion”. (…) The texts written for “negotiation” have a different content from that which would have resulted if those texts had been written “for adhesion”. (…) Whoever the reader is, I examine the result of the agreement I propose to reach in terms of “degree of consensus”, not in terms of “assenting to an op...
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Cum scriu (eu)?
Numărul 3 Anul 2020
The addressees of what I write, the information about them, about their expectations are decisive. The language, the tone, the modality of expressing the information depend all upon the addressees, more precisely upon what I know or I think I know about them. Keywords:...
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