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...

A study of private law should be written with the conviction, even with the wrong conviction, that it can change the way the legal literature and the case-law see that topic. What I want to underline is that the psycological state of the one who tries to demonstrate an idea counts as much as his or her intellectual capacity or the bibliography that he or she consulted. This state, which I would dare to call „of grace”, could be decisive for or...

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.

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...