Starting from the Latin saying scripta manent and the local proverb that „forgetting is human”, I find justified saying that what the great specialists of law – pleading lawyers or exceptional professors – affirm is at least useful to be written or preserved by other means of storing information.

Every idea, every article is an experience, an exploration; you start without confidence or perhaps not much interest, as in every beginning, and once you realise that you are able to say something relevant, your written product takes shape; there are those moments, maybe minutes, which seem like small cracks or nuances in relation to which you might have a small contribution.

The point is to show that a text never says just one thing, as we were taught in our law schools, in the fi rst year, that meaning is something that is constructed, that the very texts we are reading and under whose power we live are and always have been battlefields, that behind them there are long histories of battles and conflicts, briefly, that legal interpretation is produced in a „field of pain and death”.

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...

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...