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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De ce, ce și cum scriem știinţific în lumea juridică?
Numărul 3 Anul 2020
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...
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Prima frază
Numărul 3 Anul 2020
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:
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Să (de)scriu
Numărul 3 Anul 2020
What is the image of an ideal article? I wrote here about article and not books because the article is like a short story. The precision and the consistency, the intelligence and the exuberance can be better seen in articles than in books. (…) The title must be so good that you make it into the searches in the data basis and search engines. It must be sophisticated also. How can you make it simple and sophisticated? By knowin...
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„Scripturae soliloquiis”,
posibil răspuns la întrebarea „Cum scrieţi?”
Numărul 3 Anul 2020
posibil răspuns la întrebarea „Cum scrieţi?”
I never just „write”. I rather transcript a soliloquy, an internal dialogue that requires to be recorded, probably out of a vanity of the moment, which later may bring post festum regrets or, at least, benevolent self-ironies… Why? Simple, because our writings are considered as fragments of legal literature. The legal literature, by contrast with other written works, is, in certain legal systems, a formal source of law, while i...
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Cum scriu
Numărul 3 Anul 2020
I must read everything was written before I start writing. (…) In the legal field, every word counts.
Keywords:
dialectical triad thesis-antithesis-synthesis, bibliography, decision of the European Court of Human Rights, s...
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