Articole din categoria: Anul 2022

Elemente ale patrimoniului cultural imaterial în arta contemporană, prin 3 studii de caz: Lena Constante, Mihai Olos și Mircea Cantor
Numărul 5 Anul 2022
This short case study aims to discuss – through the examples of three personalities, situated in the chronology of their artistic practice, starting with the post-war context and ending with the ultra-contemporary one – the way in which the proliferation of elements from the intangible cultural heritage in each ones body of work, contributed, on one hand, to a certain identity context, and in a broader sense, penetrating and eroding the tradit...
Citește mai mult
Ia românească, veșmânt identitar. O perspectivă regală
Numărul 5 Anul 2022
Starting from the records of the Queens (from the book Condeie regale in Convorbiri literare) but also of some of the most important of their contemporaries fascinated by their attachment to the traditional costume, the paper traces how, over time, the Romanian ia became an identity symbol. It is an approach aimed at the knowledge and development of cultural identity in a European and international context that is necessary, all the more so we...
Citește mai mult
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...
Citește mai mult
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 ...
Citește mai mult
O școală de drept comercial
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 ...
Citește mai mult
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.
Citește mai mult
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...
Citește mai mult
Răspunderea vânzătorului unui pachet majoritar de acţiuni pentru „viciile” societăţii vândute
Numărul 3 Anul 2022
Although they are intangible assets, the shares of a company bear defects (hidden). The seller of a stock is responsible for the value of the issuing company when, after the sale, it is reduced as a result of events prior to sale that the buyer could not find out of the public registers (financial statements, registers, etc.) or after performing a due diligence. This is the correct legal qualification, not the eviction, not the vices of consen...
Citește mai mult
Societăţi pe acţiuni. Natura procedurii judiciare de întocmire a unui raport suplimentar privind unele operaţiuni reclamate de acţionari
Numărul 3 Anul 2022
The procedure by which the right of informing the significant shareholders, by which the drawing up of a supplementary report, is used is a special procedure, regulated by Law no. 297/2004 and Law no. 24/2017, which is completed with the provisions of the contentious procedure contained in the Code of Civil Procedure.
Citește mai mult
Societăţi pe acţiuni. Completarea ordinii de zi a unei ședinţe a adunării generale a acţionarilor deja convocate. Apărarea drepturilor corporatiste prin mijloace de drept administrativ
Numărul 3 Anul 2022
Violation of corporate rights derived from the capacity of a shareholder can also be sanctioned through administrative law instruments by the Financial Supervision Authority.On the other hand, the vote expressed against the adoption of a decision of the board of directors with the potential to violate the rights derived from the capacity of a shareholder is a manifestation of the will of the natural person – administrator – to exonerate ...
Citește mai mult