Articole din categoria: Anul 2024

Răspunderea administratorilor și contribuţia asociaţilor la datoriile societăţii în dreptul insolvenţei: o analiză comparativă a legislaţiei franceze și românești
Numărul 4 Anul 2024
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...
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Prezumţia dobândirii licite a averii într-o societate democratică – o iluzie deșartă
Numărul 4 Anul 2024
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...
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Contractul ca un cal troian sau cum să prelucrezi datele consumatorilor în interes de marketing cu toată dragostea
Numărul 4 Anul 2024
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...
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Falimentele societăţilor emitente de obligaţiuni și posibilitatea reversibilităţii lor
Numărul 4 Anul 2024
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...
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Prevenirea riscului cibernetic asociat fraudelor cu cardurile bancare de credit
Numărul 3 Anul 2024
The digitisation of financial services and the adoption of new digital technologies have increased the risk exposure of financial institutions. The cyber security risk associated with bank credit card fraud is one of the most prominent forms of cyber crime in the financial and banking sector. For this reason, the prevention of this criminal phenomenon continues to be a major priority for regulators and supervisors in the financial and banking ...
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Măsurile standard de cunoaștere a clientelei furnizorilor de servicii de jocuri de noroc în vederea prevenirii și combaterii spălării banilor și finanţării terorismului
Numărul 3 Anul 2024
The work of preventing and combating money laundering and terrorist financing is an obligation of all states, united under the same standards of customer knowledge to eliminate this phenomenon in all areas of economic and social life. The need to apply all appropriate measures is all the more evident in the field of gambling, knowing that reality has shown an evolution of the phenomenon of money laundering and terrorist financing, in line with ...
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Responsabilitatea extinsă a producătorului – mecanism de gestionare a deșeurilor
Numărul 3 Anul 2024
Waste management in the Republic of Moldova needs improvements andtransformation into sustainable materials management. This transformation is necessary to protect, conserve, and enhance environmental quality and ensure human health protection. Additionally, it is crucial for the prudent, efficient, and rational use of natural resources, promoting circular economy principles, and supporting the use of renewable energy sources. These chang...
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Digitalizarea vs Incidentele de Integritate în Administraţia Publică
Numărul 3 Anul 2024
Digitalization in public administration promises greater efficiency and transparency. Digitalization facilitates access to information and processes, thereby reducing opportunities for corrupt acts and increasing accountability. Moreover, digital solutions can help prevent corruption by monitoring transactions and detecting suspicious activity. However, there are risks associated with data security, and integrity incidents can occur when info...
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Managing the risk arising from defective products and e-commerce in a comparative perspective
Numărul 3 Anul 2024
The paper aims to provide some remarks on the topic of managing the risk of third-party manufacturers placing defective products on the market through e-commerce and online marketplaces. Starting with considerations regarding the role that e-commerce platforms play in the market, this paper will analyze how the European policymaker addresses these issues in the text of the revised directive on liability for defective products, as approved by t...
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Notarii vs blockchain
Numărul 3 Anul 2024
We are all preparing for the technological revolution. Never in history has man been more affected by the extremely rapid changes happening around him. Of these, blockchain technology seems to have the biggest impact, being likened, not infrequently, to the fizz we all knew when the internet came into being. But unlike the internet, blockchain affects our lives much more visibly. It not only gives us access to information, but also the ability...
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