Articole din categoria: Anul 2023

Societatea-problemă și obligaţiile-problemă (ale acţionarilor)
As Armour, Hansmann & Kraakman’s classic Anatomy of Corporate Law attests, limited liability is a powerful “owner shield”, in fact, the reverse of “entity shielding” and, together with it, two of the main components of legal personality.The “company shield” protects the company’s assets from the possible claims of the shareholders’ creditors, while the “shareholders’ shield” protects the shareholders’ assets from those of the company’...
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Etica oratoriei judiciare
Numărul 2 Anul 2023
As legal practitioners, lawyers play a critical role in upholding justice and defending the rights of their clients. However, the power of persuasion that comes with the profession can be easily misused if not exercised ethically. Ethical oratory is crucial for lawyers, as it ensures that they do not cross the line between advocating for their clients and manipulating or misleading the court. In this context, ethical oratory refers to the use ...
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Protecţia drepturilor utilizatorilor finali în încheierea la distanţă a contractului de furnizare a serviciilor de telefonie mobilă (II)
Numărul 2 Anul 2023
Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...
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Europeanul conflict de legi – și un litigiu de afaceri
Numărul 2 Anul 2023
A series of cases drew attention to the link between the concept of conflict of laws and the European Union’s Law. The Ingmar GB Ltd. v. Eaton Leonard Technologie Inc. case law is one of them. I took the liberty to start a preliminary research on such link in the light of the message spread by the above-mentioned dispute. This message invites us all to take note of at least one idea – the neo-Savignian idea of exercising the concept of Europea...
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Utilizarea instrumentelor de inteligenţă artificială în sistemul de justiţie penală
Numărul 2 Anul 2023
Crime prevention, criminal justice, and law enforcement are areas where artificial intelligence has the potential to complement or even greatly improve traditional techniques. The potential for artificial intelligence for law enforcement, legal professionals, the judiciary and even the criminal justice system to enhance human capabilities is enormous. Many judicial authorities have begun to use artificial intelligence applications to improve ...
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Probleme juridice în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural
Numărul 2 Anul 2023
The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional services, by ...
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Ocupaţiunea și uzucapiunea în spaţiul a-naţional al internetului
Numărul 1 Anul 2023
The internet is a non-national space, not subject to the sovereignty of any state. Technological corporations have imposed on the internet their own regulations and pre-formulated a-national contracts, as well as moral precepts or axiology of private origin, but having global, imperialist opposability, appropriating through occupation and usucapion both on significant fractions of this a-national space, as well as on some fractions of the inte...
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Aplicarea în timp a legii civile în privinţa hotărârilor adunării generale a asociaţilor unei societăţi cu răspundere limitată: art. 192 alin. (2) din Legea nr. 31/1990 privind societăţile
Numărul 1 Anul 2023
This article has appeared from the need to know under what conditions of quorum and majority the general meeting of shareholders of a limited liability company (LLC) adopts decisions when, during its existence, the law changes in this regard.In other words, from the need to determine how the civil law is applied over time in the mentioned situation. The question was occasioned by the amendment of Law no. 31/1990 regarding companies (in t...
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Lex societatis – o perspectivă de drept transnaţional
Numărul 1 Anul 2023
The concept of lex societatis inspired the legal reasoning made in the international and quasi-federal disputes altogether. The Barcelona Traction (1970) and Centros (1999) disputes give an indication on the fate of lex societatis, as a genuine link between the international and domestic legal orders and quasi-federal one of the European Union. This paper debates the way in which lex societatis operates across and b...
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Impactul inflaţiei asupra băncilor
Numărul 1 Anul 2023
The present study presents, in the first part, three possible inflationary scenarios in the Romanian economy; in the second part, the implications of these scenarios on the banking sector are analyzed; finally, the third part suggests some actions for banks and policy makers.
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