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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„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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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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Să scrii se învaţă scriind!
Numărul 3 Anul 2020
Every idea, every article is an experience, an exploration; you start without confidence or perhaps not much interest, as in every beginning, and once you realise that you are able to say something relevant, your written product takes shape; there are those moments, maybe minutes, which seem like small cracks or nuances in relation to which you might have a small contribution.
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Note asupra scrisului în condiţii de gherilă juridică
Numărul 3 Anul 2020
The point is to show that a text never says just one thing, as we were taught in our law schools, in the fi rst year, that meaning is something that is constructed, that the very texts we are reading and under whose power we live are and always have been battlefields, that behind them there are long histories of battles and conflicts, briefly, that legal interpretation is produced in a „field of pain and death”.
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Cum scriem?
Numărul 3 Anul 2020
I try (…) with variable success, to write by maintaining a necessary balance, inevitably fragile, between positive law and constitutional history/theory/sociology.
Keywords:
reflexive interdisciplinarity, branches of...
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