In the case of a company in the framework of the judicial reorganization procedure, for the smooth running of the procedure and in order to successfully close this procedure, it is possible to identify the need to amend the constitutive act of the debtor; this corporate event can be achieved by carrying out, in this special situation, two complementary legal procedures, specific to corporate law and insolvency law; in other words, such a chan...

Often, the legislative technique poses challenges to the jurist, generating interpreting efforts of the legal norms, requiring searches to identify the purpose of the regulation. This is also the case of the norm enshrined in art. 53 paragraph 9 of Law no. 101/2016, from the perspective of the determination of the statute of limitations applicable to the actions through which damages are claimed for the economic operator’s failure to perform t...

The Companies Law prohibits shareholders who are directors from voting, including by proxy, on their discharge „or on a matter in which their person or administration would be at issue”. Article 126 regulates the generic conflict of interest between the shareholder and the company, when the directors are those who have prepared the financial statements and have every interest in being approved. The prohibition to exercise the right to vote is ...

Entry into force of O. U. G. no. 58/2022 led, through an atypical technique of amending some norms of the Code of Civil Procedure, to the accreditation of an unusual solution in the enforcement legislation, but also in the procedurallegislation in general.There has appeared a type of enforcement appeal subject to the imprescriptibility period, which, both in relation to the traditionally established nature of the time limits for exe...

For now, artificial intelligence is bland, boring. But is it also harmful? The convenience of users, but also the sometimes unhealthy assertion of artificial intelligence tools leads us to conclude that from the obsolescence of goods to theobsolescence of the individual is only a step. The recent Directive 825 of February 28, 2024 appears to oppose unfair commercial practices likely to mislead consumers, such as sustainable consump...

According to common law, directors of (commercial) companies are liable to third parties only in exceptional circumstances. However, when difficulties arise for the company, and in particular when collective proceedings are opened against it, due to the significant risk that creditors will not be able to recover their claims, there is a form of „aggravated” liability. Other mechanisms even allow the liability of associates of the debtor to be...

The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

The paper analyze the case of two joint stock companies, issuers of bonds listed on the AERO market administered by the Bucharest Stock Exchange, which entered insolvency in the last two years, a period calculated by reference to this study. Given that this market is a public one, we underline that the companies issuing bonds listed on the Bucharest Stock Exchange, which requested the court to open the insolvency procedure, with the consequenc...

The paper is based on a practical case and refers to the determination of the tax residence of individuals in situations of cross-border mobility. It is not a question of resolving a double/multiple residence conflict, but of establishing the state of residence for the purpose of determining the applicable double taxation convention, the rules for allocating the power to tax and the method of avoiding double taxation. Such situations are increa...