Articole din categoria: Anul 2020

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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„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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Să scrii ca un jurist
Numărul 3 Anul 2020
I am interested in how jurists should write as jurists, and not as jurists performing a legal or judicial profession. Thus, in this article I shall present my own working method, which I try to use every time I stand in front of a blank page asking for its doctrinal legal text.
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Răspunsul meu la întrebarea „Cum scrieţi?” Scriu din pasiune!
Valuable writing is and remains the objectivation of creative thinking, which works and is fruitful only at a high temperature of intellectual involvement of the author.Therefore, valuable ideas, which do not join the play of creative passion, in many cases are simply freezed and remain so.
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Cum scriu
Numărul 3 Anul 2020
I learned that memorials and legal opinions must follow the logic of a rigorous syllogism: major premise – minor premise – conclusion. Plus the obsessive concern for systematisation, the attention to the forest before concern for trees, the right separation of levels and perspectives and, above all, the supreme rule: as many details in as few words.
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Cum scriu când scriu teorie juridică și… de ce?
Writing a legal text entails some particularities resulting from the specific of this communication and from the category of readers is addressed to. There is an even greater responsibility when drafting legal theory, due to the larger number of readers is expected to provide interest in the text. Several important rules to follow in the process of writing are provided herein.
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Cum scriu?
Numărul 3 Anul 2020
When I write an article, I am trying to transmit not only the information I found through my research, but also my view on that subject, to persuade that I can contribute with an interpretation (in a broad sense) that may brink added value. (…) The process of learning [in the field of style] is a solitary one and, for most of its part, based on the trial-and-error method: every author is responsible to find his or her own models and his ...
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