Articole din categoria: Anul 2020

Cum scriu
Numărul 3 Anul 2020
For the most part, added value comes from a new perspective, most often identifiable in other systems of law or even in other fi elds of study. However much we might wish otherwise, it is exceptionally rare that we can claim paternity over a question of law. Almost always, in its substance, the researched problem will have been formulated before, perhaps in other words, in other times, in a different place or with a different starting point. C...
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„(În dragoste) totul s-a cam scris/ Și de mână și de tipar”
„… I mostly rewrite. Unlike in high school or during law school, when it was a sacrilege to cut even a single word I had written, now I am merciless in eliminating pages, if they don’t fi t the message I wish to send. (I notice that the LLM students have the same problem: they do not wish to cut certain parts of their thesis if I suggest them to do so). I often replace words, phrases, paragraphs, pages.”
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Cum scriem?
Numărul 3 Anul 2020
The title of your topic may or not generate curiosity to read a text. There is an American joke saying that „Before writing a book, sell it!”. The same thing happens when you write a text. In order to get the attention of the reader you need to offer her or him an inciting topic, able to make her or him hope that will obtain useful information. ...
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Cum scriu
Numărul 3 Anul 2020
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. ...
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You never walk (run) alone!
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!
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Compatibilitatea măsurilor pentru siguranța cibernetică a sistemului 5G cu libertatea comerțului
Numărul 2 Anul 2020
In early 2020, the NIS Cooperation Group published a set of cybersecurity measures in the context of the implementation of the 5G system (called 5G Network EU Toolbox Risk Mitiganting Meaasures), proposing technical and strategic measures to be taken by EU Member States.Some of the recommended measures include an assessment of the risk profile of suppliers and the application of restrictions for those considered to be at high risk for e...
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Virusul în contracte. Câteva idei despre interferența pandemiei COVID-19 cu executarea contractelor civile
Numărul 2 Anul 2020
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 ...
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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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