Articole din categoria: Anul 2020

Scriitura_Brief
Numărul 3 Anul 2020
If writing a piece proves necessary, then a writing project is put together with all that it entails – a mission statement, a roadmap marked by qualitative and quantitative milestones, a calendar and of course, executive instructions, to detail. Keywords: ...
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Cum scriu?
Numărul 3 Anul 2020
I think I write when I have something to say. It is an impetus of anyone concerned with law, with the world, with the way world and times change, of anyone who intellectually pursue the truth and the good. My goal for the text is to let the truth shine, bring the light to dissipate the darkness, bring clarity where everything is obscure. ...
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Cum scriem
The choice of a certain style of legal writing is not only ad professionis one, but one that depends much on our fundamental view towards the relation between rules and freedom. Therefore, I believe that a legal writing in a cultural environment oriented predominantly towards efficiency of rules reveals a certain lack of interest for the individual freedom, a statism concealed as pragmatism. The positivism, which is a lack of philoso...
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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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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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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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