When I write, I always want to imprint, especially in course materials, monographs and treatises, the “ghost of the author”, that sondergut, as the Germans call it, that is the part of the book that belongs to the author beyond a doubt, original without discussion, not inspired from intellectual readings or intersections with other authors. ...

Writing can be like running. You must practice every day if you want to run a marathon; if you want to write well, you must read enormously. When you are writing, you should always consider the reader. If writing is like running, remember to run along with your reader!

I am interested in how jurists should write as jurists, and not as jurists performing a legal or judicial profession. Thus, in this article I shall present my own working method, which I try to use every time I stand in front of a blank page asking for its doctrinal legal text.

Valuable writing is and remains the objectivation of creative thinking, which works and is fruitful only at a high temperature of intellectual involvement of the author.Therefore, valuable ideas, which do not join the play of creative passion, in many cases are simply freezed and remain so.

I learned that memorials and legal opinions must follow the logic of a rigorous syllogism: major premise – minor premise – conclusion. Plus the obsessive concern for systematisation, the attention to the forest before concern for trees, the right separation of levels and perspectives and, above all, the supreme rule: as many details in as few words.

The paper aims to analyze the interference of the COVID-19 pandemic with the execution of civil contracts, discussing how economic agents affected in their activity by the combined action of the pandemic and the legislative measures enacted in order to fight it can use the theory of hardship or force majeure/fortuitous case. The authors consider that a case-by-case analysis shall be needed, as the same fact may have different legal ...

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...