Articole din categoria: Anul 2021

Criptoactivele. Perspectivă teoretică, tehnică și normativă
Numărul 4 Anul 2021
The study is dedicated to the examination from a normative, theoretical and technical perspective of crypto-assets. Keywords: crypto-asset, cryptocurrency, token, security token, utility token, asset referenced token, ele...
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Tehnici de negociere și argumentare
Numărul 4 Anul 2021
As legal professionals or as mere speakers, we will often find ourselves in situations that require either neutrality or the best possible resolution of conflicts. Moving away from the paradigm of the verbal duel meant to leave only one person standing, the negotiation and argumentation techniques accentuate the empathy and the desire to obtain mutual gain. Their knowledge and application translates into harmonious communication and results con...
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The real deal v. The paper deal: de la standarde la adaptarea contractelor
Numărul 4 Anul 2021
This text is the result of the reviews of the following publications: Stewart Macaulay, Non-Contractual Relations in Business: A Preliminary Study, American Sociological Review, vol. 28, nr. 1, 1963; Stewart Macaulay, The Impact of Contract Law on the Economy: Less Than Meets the Eye?, Conference on Law and Modernization, Peru, 1994; Stewart Macaulay, The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge fo...
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Despre obligația de motivare în dreptul fiscal (I)
Numărul 4 Anul 2021
The statement of reasons within the administrative tax decisions issued upon the conclusion of a tax audit, but also in the administrative procedure of reviewing the tax appeals continues to represent an aspiration. This paper is an essay to highlight that the achievement of an appropriate state of reasons in the field of the administrative tax decisions needs both legislative interventions, consisting especially in the amendment of the secon...
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Dreptul de a petiţiona vs. abuzul de drept și frauda la lege în era digitalizării
Numărul 3 Anul 2021
This article focuses on the right to petition. The paper also analyses the limits of the petitioner’s rights, as well as the legal procedures that must be followed when citizens are acting in order to solve a personal issue related to public authorities.The public authorities have to adapt their internal procedures to the new challenges imposed by the technology, so that the relationship “citizen-public authority” become a win-win colla...
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Răspunderea juridică a inteligenţei artificiale în materia comerţului electronic
Numărul 3 Anul 2021
We speak of Artificial Intelligence with reference to the ability of a machine to reproduce typically human intellectual functions. In this particular field, enormous progress has been made in recent years, leading to the creation of more and more human-like-machine. This circumstances is not without legal consequences: how to behave in the event that an action of a machine equipped with Artificial Intelligence leads to the occurrence of a cri...
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Este viitorul dreptului internaţional transnaţional? Două ipoteze comerciale
Numărul 3 Anul 2021
We have been taught to assess international law as being the exclusive ’product’ of the nation-States. In the 21st century, international law became the ‘product’ of the private actors also. At least in the area of commercial life, the concept of ‘transnational law’ encourages such private actors to issue specific rules applicable beyond and not between the territories of the nations-States. The idea of legal pluralism nourishes the identity ...
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Consideraţii practice și teoretice privind recunoașterea unor hotărâri judecătorești pronunţate de o instanţă a unui stat membru al Uniunii Europene
The study aims to address an issue that is specifi cally related to the Romanian private international law, being borderline regulated by EU law regarding de jure recognition of judgements passed in another member state, and also the issue of acknowledging by means of a judicial procedure the inexistence of a case for the refusal to recognise such a judgement. To this end, the study offers possible remedies for the Romanian national judge to ...
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Funcţia de garanţie a contractului de factoring
Numărul 3 Anul 2021
The popularity of the factoring means that the atypical contract can no longer be called just a marginal financial service, but a significant element of the short-term financing instruments.It can be compared to several types of regulated contracts or can be considered as related legal institution: sale, lending, forfeting, but first of all, it’s separation from the debt assignment agreements is the most relevant.The factoring cont...
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Clasarea pentru lipsa vinovăţiei în cazul infracţiunii de fals în înscrisuri sub semnătură privată
Numărul 3 Anul 2021
Whenever a prosecutor decides not to prosecute an offence on the reason that it has not been committed with the guilt specifi ed by law, the judicial body should carefully examine the author’s subjective position and the factual elements on which this position is construed. In this article I will discuss the merits of such a solution in a case of a crime of falsifying private documents, from a real-life caselaw, in which both the prosecutor a...
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