Cum scriu
Numărul 3 Anul 2020
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.
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Cum scriu când scriu teorie juridică și… de ce?
Numărul 3 Anul 2020
Writing a legal text entails some particularities resulting from the specific of this communication and from the category of readers is addressed to. There is an even greater responsibility when drafting legal theory, due to the larger number of readers is expected to provide interest in the text. Several important rules to follow in the process of writing are provided herein.
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Cum scriu?
Numărul 3 Anul 2020
When I write an article, I am trying to transmit not only the information I found through my research, but also my view on that subject, to persuade that I can contribute with an interpretation (in a broad sense) that may brink added value. (…) The process of learning [in the field of style] is a solitary one and, for most of its part, based on the trial-and-error method: every author is responsible to find his or her own models and his ...
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Cum scriu
Numărul 3 Anul 2020
For a lawyer, the word is the scalpel with which he or she operates. A scalpel of a surgeon which is blunt, imprecise or too large can hurt. Likewise, the word of the legal practitioner must be an instrument of precision, which goes straight to the target, without useless deviations.
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Cum scriu
Numărul 3 Anul 2020
You should devote daily four hours to writing.
Keywords:
legal writing, oral culture, written culture, epistemic community.
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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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