Through this article, the author aim to highlight the impact of a new european legislation, the Proposal for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions, and the consequences on the romanian provisions regarding supplier credit. The debate on this subject is delicate because, according to a Study of the Romanian National Bank, in Romania, the supplier credit is very common for...

During the insolvency proceedings, some security interests display features that are not specific to their usual functioning under the law of obligations. The foremost cause of this deviation is that the insolvency proceedings are not enforcement proceedings, ipso facto. Whenever the continuation of the debtor’s business as usual is deemed to be valuable, especially before or during the reorganization proceedings, many of the security ...

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 ...

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...

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...

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...