Cum scriu? Cum călătoresc!
Numărul 3 Anul 2020
[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...
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Scriem așa cum citim
Numărul 3 Anul 2020
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.
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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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Natura juridică și validitatea contractului futures cu preț negativ
Numărul 2 Anul 2020
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...
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Notă cu privire la modificările aduse în regimul juridic al francizei în anul 2019 sau „Dușmanul binelui – mai binele”
Numărul 2 Anul 2020
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...
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Considerații asupra regresului dintre asigurătorii RCA în cadrul mecanismului decontării directe
Numărul 2 Anul 2020
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...
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Reguli europene uniforme privind conflictul de legi în materia delictului civil
Numărul 2 Anul 2020
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...
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GDPR: Noi orientări privind valabilitatea consimțământului în cazul „cookie walls” și al acțiunilor swipe/scroll în cadrul unui website
Numărul 2 Anul 2020
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...
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