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Numărul 6 Anul 2023
The main challenge of any public speaker is to capture the audience’s attention. Listening to the speaker means both the audience’s commitment to the full reception of the message and the encouragement of the speaker, who thus receives the certainty of reaching his set goal. Naturally, all of this presupposes certain efforts on the part of the speaker, who must understand the difference between hearing and listening, the force of silence, the ...
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Ghostwriting-ul în contextul transformării digitale globale
Numărul 6 Anul 2023
The practice of „ghostwriting” involves an author of a literary, artistic, or scientific work agreeing to give credit for his/her creation to another person in exchange for payment, with the result that his/her work is published under the latter’s name. Ghostwriting is increasingly used in various fields, becoming an effective solution for those in need (of a „writer”) and a profession or even an entrepreneurial endeavor for ...
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Aspecte contradictorii (i)reparabile ale efectelor mandatului fără reprezentare
Numărul 5 Anul 2023
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...
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Infracțiunea de operațiuni ilegale cu instrumente de plată fără numerar
Numărul 5 Anul 2023
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...
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Viziunea europeană asupra digitalizării Justiției, pentru perioada 2020‑2025
Numărul 5 Anul 2023
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 ...
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Platformele digitale – o nouă arhitectură a întreprinderii (I)
Numărul 5 Anul 2023
Digital platforms are innovative structures that create challenges for many areas of incidence, with business law being particularly targeted. Their massive presence in most business sectors puts us in a race against time to understand them, in the hope of being able to perceive the changes they bring about. The question we ask with our two‑part study is to what extent they illustrate a new enterprise architecture.In order to address thi...
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Termenul de prescripție pentru executarea unei hotărâri de angajare a răspunderii solidare potrivit dispozițiilor Legii nr. 85/2014 atunci când pasivul debitorului include și datorii bugetare
Numărul 5 Anul 2023
In this article we are going to analyze the premises that were the basis of the referral to the High Court of Cassation and Justice in the procedure regulated by art. 519 et seq. C. pr. civ., regarding the issue of the applicable legal regime, in particular of the prescription for the execution of a budgetary claim established by a court decision pronounced in the joint liability procedure provided for by law no. 85/2014 on insolvency preventi...
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Dovada socială și rolul ei în sfera judiciară
Numărul 5 Anul 2023
Being convinced does not mean defeating your criticism, reason and free will. Being convinced does not mean giving in to the insistence of the one who wants to be convincing. To be convinced means, simply, to find bridges between the thesis proposed to you and two types of interests – the personal and the general ones. The principle of social proof, theorized and popularized by Professor Robert Cialdini, explains why these bridges exist and ho...
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Evoluții legislative relevante în utilizarea instrumentelor și proceselor digitale în materia dreptului societar
Numărul 5 Anul 2023
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...
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Reflecții jurisprudențiale asupra contractelor inteligente în contextul Legii privind datele
Numărul 5 Anul 2023
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...
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