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...

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...

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...

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:...

The contract becomes a group work, reflecting the agreement reached by theparties. Sometimes this compromise, as well as the hurry in the negotiation of some provision before signing, result in imperfect formulations, whose future interpretation might trigger potential disputes. But these situations are specific to the dynamics of the transactions, in which, many times, the pressure to reach an agreement, after many tens of hours of neg...

The article represents an analysis of the legal nature and validity of the futures contract with negative price, where the seller pays a sum of money to the acquirer, as well as of the particularities and legal regime of this type of contract. The starting point of the analysis was the fall of the oil price below zero dollars per barrel on the US futures market, for the first time in history. This decrease was caused by the imminence of high s...

Towards the end of 2019, certain amendments have been brought to the regulation of franchising in Romania. Without representing a paradigm change – otherwise impossible, considering the European franchising regulation, as an exception from the restrictions set out by the competition legislation (although softened throughout the years) – the changes must be taken into account. Setting out certain obligations which did not exist, or existed in u...

In the context of the compulsory insurances against civil liability for the damages caused to third parties by vehicle and tram accidents (RCA), the direct compensation service represents an alternative method available to the injured person for obtaining the payment of the damage, involving the assessment of the damage claim by the injured person’s own RCA insurer and a subsequent settlement between this insurer and the RCA insurer of the pe...

With the purpose of ensuring a unique internal market for all Member States of the European Union, governed by the free movement of persons and judgments principle, the European legislator has adopted numerous regulations on private international law, which attempt to solve, in a uniform manner, the conflict of laws arising out of private legal relations with foreign elements. In this article, we will examine the uniform rules for solving con...

The European Data Protection Board („EDPB”), the European Union’s independent body mandated to ensure the consistent application of Regulation no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data („GDPR”), issued, in May 2020, new specific guidelines for the interpretation and application of the GDPR provisions on consent for processing personal data. This articl...