The study examines banking contracts as legal instruments specific to credit institutions, emphasizing their complexity and the difficulty of strict classification. The Civil Code regulates four main contracts–current account, bank deposit, credit facility, and safe deposit box rental–but this framework is largely indicative, as real banking products combine elements from multiple legal institutions and revolve around credit risk. Within this...

Regulation (EU) 2023/1114 on markets in crypto‑assets, and amending Regulations (EU) No. 1093/2010 and (EU) No. 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (MiCA) marks crypto‑assets’ emergence from the legislative shadows and the inauguration of a harmonised European crypto market governed by clear rules on user protection, financial stability and the encouragement of innovation. The article analyses the key requirements and the re...

The article examines the issue of contract formation through artificial intelligence agents, with a particular emphasis on chatbot applications, from the perspective of defects of consent regulated by the Civil Code. It demonstrates that an AI agent does not possess legal capacity and cann...

The practice of lifting the pre‑emptive right must be viewed not only from the perspective of formal legality, but also from the standpoint of its substantial impact on the rights of minority shareholders and on the healthy functioning of competition in the capital market and in the goods and services market. Artificial intelligence can play a key role in uncovering and preventing abuses, contributing to a fairer and more efficient corporate ...

The active subject of the contravention, within the framework of the special regulations relating to the organization of the operation and the concrete operation of the entities regulated and supervised by the A.S.F., is, among others, the natural person who exercises management functions within the company. The management function, under the conditions of paragraph (5) of art. 143 of Law no. 31/1990, is the function of the person who engages t...

The study examines the legislator’s conception of the contract for work, tracing its development from the succinct formulation of the Civil Code of 1865 to its contemporary regulation under the New Civil Code and analyses its evolution within European private law, with particular emphasis on the transition from a rigid obligation‑based framework to a flexible system centred on contractual remedies, proportionality, and international arbitrati...

The law of political economy can be assessed as a genuine framework of conflict of laws. The purpose of this paper is to show how this framework works, with particular focus on the conflict of laws in the field of contracts concluded by consumers and professionals. The quasi-federal nature of the European Union law has encouraged this approach mainly by reference to the Rome I Regulation.In addition, the concept of “social market economy”...

The pre-pack procedure constitutes one of the innovations introduced under the Proposal for a Directive on the harmonisation of insolvency law. Positioned at the intersection between restructuring and bankruptcy, and strongly shaped by the time-sensitive nature of distressed situations, the pre-pack procedure seeks to regulate an area that has traditionally remained in the penumbra of formal insolvency proceedings, being exposed to the risk of...

The study provides a comprehensive legal analysis of the bank guarantee letter as an autonomous personal security under Romanian civil law, widely used in commercial transactions and public procurement. The author emphasizes its defining features – autonomy, irrevocability, and unconditionality – which fundamentally distinguish it from suretyship and other accessory guarantees. The paper examines the contractual and legal framework governing b...

The article analyzes the issue of personal data confidentiality concerning the managers of legal entities, situated at the intersection between the fundamental right to privacy and the increasingly stringent demands of economic and administrative transparency. In the context of the digitalization of public registers and the development of data-processing technologies, the disclosure of personal information belonging to administrators, director...