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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Criptomonedele și tehnologiile aferente acestora
Numărul 3 Anul 2021
The study is dedicated to the presentation of digital currencies’ classification and essential terms related to cryptocurrencies and to technologies that powers them.
Keywords:
cryptocurrency, digital cu...
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Destinul transnaţional al unei doctrine: forum non conveniens
Numărul 2 Anul 2021
The interplay between the concept of jurisdiction and forum non conveniens theory is more or less stormy. At least in the European Union, such interplay ismanaged in favour of actor sequitur forum rei doctrine. This paper retraces thetransnational fate of forum non conveniens doctrine. As the European Union intends to be and to remain a global player, it cannot neglect anymore, at least in the its so-cal...
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Protecţia datelor cu caracter personal în cadrul reţelei de franciză. Natura raporturilor dintre francizor şi francizaţi: operatori asociaţi
Numărul 2 Anul 2021
The relationship between the franchisor and the franchisees of his network is complex and must be regulated contractually also with regard to the obligations related to the processing of personal data. Due to the way the franchise is regulated, the relationship between the franchisor and the franchisee will always be of associated operators.
...
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Relevanţa elementului subiectiv în ipoteza abuzului de drept
Numărul 2 Anul 2021
It is well-known that, in principle, no person entitled to a civil subjective right can be held liable for the damage caused by exercising that particular right. However, the principle of good faith and the obligation which is the result of it requires that the exercise of any civil subjective right respects its rigor. On the one hand, this means that the civil subjective right must be exercised for the purpose that has been recognized by law a...
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Finanţarea participativă, multifinanţarea sau crowdfunding. Arhitectura juridică
Numărul 2 Anul 2021
In the midst of the technological revolution, the financing of various projects could not be eluded by the phenomenon of digitalization. The general ease of accessing the Internet and social networks has reshaped an old method of funding, based on funds obtained from the general public. Nowadays, crowdfunding developed through online platforms is experiencing an exponential growth, whether the beneficiaries are natural persons, cultural-artist...
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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up” (II)
Numărul 2 Anul 2021
If eloquence is the nucleus around which revolve all the other elements of oratory before the court, the judicial oratory would not be complete without the presence and the abstinence of the litigant. Knowing how to present yourself and knowing the right time to censor yourself are qualities that shape the portrait of a successful speaker.
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Utilizarea cookie-urilor în lumina legislaţiei privind protecţia datelor cu caracter personal
Numărul 1 Anul 2021
Cookies have become an almost constant presence in the online environment. In such context, site operators need to pay particular attention to the use of such technology, especially from the perspective of the legislation concerning personal data protection in the electronic environment. This text aims at summarising the general legal requirements applicable to the use of cookies and to draw attention, without envisaging to comprehensively dea...
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Dreptul transnaţional și comerţul: posibilă introducere
Numărul 1 Anul 2021
‘Transnational law and trade’ is one of the legal topics which are worth to be debated all over the world. In my paper I suggest some ways of addressing the present and future transnational situations. Past transnational situations may provide a methodological help in this respect.
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