The study attempts to define the nature and character of a common law legal transplant in the New Romanian Civil Code – the bank guarantee letter as well as the dilemmas faced by the courts in the judicial practice created by this independent guarantee. Keywords: ...

The condominium management agreement is a newly introduced institution in the Romanian Civil Code, which allows for the carving out and rearrangement of the operating principles of a shares-based ownership. Starting from a functional analysis of indivision, the paper aims to explore the uncharted and little-researched terrain of the condominium management contract, establishing theoretical foundations and offering practical solutions.

Increasing the transparency of business activities, digitalisation of cross‑border public services and facilitating the access of companies, especially SMEs, to cross‑border operations are only some of the objectives of the integrated and digital Single Market at EU level. In the Communication An SME Strategy for a sustainable and digital Europe, the European Commission announced the need to assess the introduction of additional measures in th...

As the rapid advancement of technology continues to reshape various aspects of society, the legal domain faces new challenges in adapting to the transformative capabilities of smart contracts. Through a nuanced analysis, the paper delves into the fundamental concepts and philosophical underpinnings of jurisprudence, investigating their applicability to the realm of smart contracts. Drawing on historical legal precedents and theoretical framewo...

On January 1, 2023, economic operators who purchase goods established as being in the category of those with high fiscal risk by order of the president of the National Agency for Fiscal Administration subject to road transport at national level on public roads have the obligation to register the transport on the platform RO E‑Transport. Although the stated purpose of the regulation is to make the transparency of the import and export of goods ...

The study presents the actions of prevention and fighting against money laundering carried out primarily by financial institutions. Money laundering includes those financial operations by which sums of money obtained from crimes are given the appearance of legality of source. The crime of money laundering has an autonomous character compared to the predicate crime, not being conditioned by the pronouncement of a conviction for this crime. An ...

The limited liability company drives around the legal system in an environment where duet o several interventions and reevaluations have as goal the distroing of the concept itself – the limited liabiliality. This is the reason why in the new law context we have to rearange the role of the limited liability of the shareholders. ...

The mandate without representation is rarely encountered in purely civil judicial practice, it mainly refers to commercial activity, the contract being objectified, as a rule, in one of its specialties (commission, consignment, shipment), and having the destination of intermediation of production activities, alienation of goods or provision of services, all exercised for profit, i.e. with the intention of obtaining profit, an aspect from which...

Crimes against patrimony committed in the virtual environment are in a continuous expansion as the frequency of using electronic means of payment is steadily increasing. The need to incriminate harmful acts against the patrimony that are committed by means of non‑cash payment instruments is thus undeniable.However, the new offense introduced in the Penal Code can be critically analysed by reference to its constitutive content. The article...

The European institutions have committed themselves to take actions that ensure a better adaptation of the authorities and practitioners in the field of justice to new technologies, through access to new tools, through the acquisition of new skills and through the development of alternative investigation techniques. The European Commission believes that the digitization of justice must be accelerated and proposes a set of tools, with the aim ...