Secretul este să nu te simţi bine
Numărul 5 Anul 2022
In a world governed by the appearance of perfection, apparent imperfection should be doomed to failure. However, this is not the case with negotiators or orators who know that success can only be achieved with the input of others and their valorization is the first step of a ladder that those who climb must first of all descend.
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Competenţa instanţei în litigiile privind contractul de asigurare de bunuri – unele particularităţi
Numărul 5 Anul 2022
The article analyses the aspects related to establishing the jurisdiction of the court in cases where the dispute refers to a property insurance contract. In judicial practice, many situations have been encountered in which, prior to the referral to the court, a new legal relationship is generated as a result of a debt assignment contract concluded between the injured third party and a third party – usually a company specialized in such trans...
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Unele aspecte critice privind reglementarea instituţiei încetării de drept a contractului de muncă în Codul Muncii
Numărul 4 Anul 2022
The employment contract defines one’s own identity also through the appeal to the duration of the conventional relationship, which, in the typical form, remains undefined because the worker’s stability is subsumed as a priority to the protective purpose that underpins the labor legislation. The time factor involves the intersection with external events or arising from the will of the parties, which affect the employment relationship, leading to...
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Arbitrabilitatea litigiilor în materia societăţilor comerciale. Aspecte corelative de drept material și procesual
Numărul 4 Anul 2022
The arbitrability of the corporate litigations is, in principle, possible, especially after passing the new Civil Procedure Code (Article 542), which eliminated the condition of the pecuniary nature of the dispute. Norm of Article 63 of Companies Law no. 31/1990 does not establish an exclusive competence of the courts of law but a material and territorial one within their general competence. In addition, Article 132 paragraph (2) and following ...
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O școală de drept comercial
transnaţional
transnaţional
Numărul 4 Anul 2022
Cross-border business needs conceptualization. One of the Schools of Transnational Commercial Law that responded to this need constitutes the object of this academic analysis. The international harmonization of commercial law is closely related to the ideas spread by the school under discussion. International instruments of harmonization are plural and diverse in nature, as are the academic approaches to these instruments. This article fully ...
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Corespondenţa de afaceri
Numărul 4 Anul 2022
Correspondence has a central place regardless of the field in which we carry out our professional activity. Being a means of written communication, it must obey some generally known rules. Additionally, however, business correspondence is characterised by specific elements whose knowledge and application can make the difference between success and failure. We will dwell on them in the present material.
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Societate pe acţiuni. Dreptul acţionarului de a se retrage din societate. Condiţii și efecte
Numărul 4 Anul 2022
The right of the shareholders to withdraw from a joint stock company, in the event of a decision of the general meeting of the shareholders activating the procedure regulated by art. 134 of the Law no. 31/1990, with the consequence that the shareholder who disagreed with such a decision has received from the company the value of the shares in possession, at a value determined by an expert according to the legal procedure, is not conditional upo...
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Dreptul la Internet și dreptul la viaţa digitală
Numărul 3 Anul 2022
The Internet is the new living environment of homo ciberneticus. The digital vocation belongs to all individuals born after the advent of the Internet. These digital natives are born with the right to a specifi c life, developed both in physical and online environment. For them, life cannot have a separate dimension from the Internet. From this perspective, the question arises whether the right to the Internet and the right to digital...
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Distincţia dintre noţiunile eveniment, incident de securitate și încălcare a securităţii datelor cu caracter personal, utilizate de standardul ISO 27001 și de Regulamentul General privind Protecţia Datelor
Numărul 3 Anul 2022
The application of the GDPR by personal data controllers encounters difficulties in understanding some terms. Among these terms is the term “security incident”, often confused with the term homologous to either the ISO 27001 standard or the NIS Directive. The material highlights that the notion of security incident in the GDPR must be interpreted in a legal sense. It implies the existence of a breach of the right to protection of personal data....
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Propunerea de Regulament privind pieţele criptoactivelor și de modificare a Directivei (UE) 2019/1937
Numărul 3 Anul 2022
The article is dedicated to the examination from a theoretical and normativeperspective of the Proposal for a EU Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 („MiCA Regulation”). MiCA Regulation will replace existing European Union Member States’ legislation applicable to cryptoassets, which are not covered by the EU existing legislation on financial services.
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