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...

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...

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...

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...

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...

Because I want to communicate my ideas as briefly and clearly as possible, writing is laborious. Some problems are difficult or difficult to grasp, and in such cases I insist on them as long as it is necessary. I don’t lose patience and I don’t skip them superficially just to gain time.

[F]or whom do we motivate the arbitral awards? To explain to the claimant why he won? To explain to the respondent why he lost? To protect the arbitral award against the risk of being annulled or not being enforced, by considering the mentality of the judges in front of which it will be brought? To create doctrine of private international law or international commercial law? To write good legal literature, with which to be associated over the...

When you manage to get closer different fields, the outcome is exponentially more valuable that bigot loyalty to a single style. Keywords: judge, judicial decision, case-law, review.

I read legal writings that are works of art, if you allow such a comparison. Buttoo few people read them if they do not solve a practical problem. Those whoapply the criteria I mentioned, and probably some other, they write, probably, for eternity. But I believe nothing is eternal (…) It is true thay there are long lasting principles and institutions that need to be know because we cannot build without foundation. But these n...

I write not only about law but in writing about law I also write about myself (a self who knows that in writing about law she also writes about herself). As such, my text will almost always be doubly marked by identity. Keywords: