Modificări recente ale comunicării Comisiei privind aplicarea art. 102 TFUE la practicile abuzive de afaceri
Numărul 1 Anul 2025
The article analyzes the recent changes introduced by the European Commission to the Guidelines regarding the application of Article 82 of the EC Treaty (now article 102 TFEU) on abusive exclusionary practices by dominant companies. It emphasizes the essential role of competition rules in protecting the internal market, especially during periods of economic difficulty and market concentration.The author reviews specific changes, includi...
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Răspunderea membrilor organelor de administrare ale societăţii insolvabile și insolvente (Partea a II-a – Răspunderea în procedura fiscală)
Numărul 1 Anul 2025
Personal liability of the members of the administrative bodies to the taxpayer of the managed legal person is a liability of guarantee which allows a direct action against these persons, which exclusively benefits the tax creditor, that violates the rules of equality and equity between creditors, whether they are privileged. Personal liability under the tax procedure is the liability of the directors, whether legal or factual, and not to othe...
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Conflictul de legi în materia contractului individual de muncă – perspectiva Uniunii Europene (Partea I)
Numărul 1 Anul 2025
The present research paper aims to evaluate the conceptual struggle between 2 (two) schools of thought – the libertarian school of thought, on the one hand, the welfare State school of thought, on the other hand – in light of the choice of law applicable to the individual employment contract. For the purposes of writing this paper, we have taken the liberty of initiating a journey along the quasi-federal system of the European Union, including...
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Le roi ne peut mal faire: Răspunderea civilă delictuală a autorităţilor publice
Numărul 1 Anul 2025
The liability of the administration for wrongful acts against citizens is a general principle of law consolidated in the XXth century. However, in Romania, the authors observed that the interplay between administrative law and the generaltort rules under the Civil Code may lead to situations where an authority cannot be required to pay damages even if it committed a wrongful act. In this article the authors put forward that there is a ge...
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Concizia
Numărul 1 Anul 2024
Concise expression is the prerogative of authority. Sentences are not only court decisions, but also maxims characterized by the expression of a truth through a lapidary linguistic formula. The fewer words we use, the greater their weight is or seems to be. Brevity is also a form of respect. The one who practices it prepares and collects the information, filters it and keeps only the essential ones. The difficult work is his, so that the recipi...
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Contractul transnațional – un concept evolutiv
Numărul 1 Anul 2024
The notion of „transnational contract” springs from contemporary transnational realities. A number of fields, for example, the field of financial services or the field of insurance and reinsurance services, respectively, provide fertile ground for the practice of transnational law itself. The undeniable transnational realities dilute the distinctions between „domestic contract” and „international contract” and prompt national courts to evaluat...
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Scurte considerații asupra scrisorii de confort
Numărul 1 Anul 2024
Through this article, the author aims to make a brief analysis of the provisions of the article 2322 of the New Civil Code regarding the comfort letter. The subject is approached both from a theoretical perspective and from a commercial practice perspective as this new legal instrument offers flexibility in creating its content and multiple practice opportunities. The text takes into account elements of international jurisprudence as well as th...
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Soluții notariale în domeniul vânzărilor de imobile cuprinse în patrimoniul cultural
Numărul 1 Anul 2024
The author, after emphasizing 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 historical monuments, law amended, adapted and noted some uninspired statements offered by the legislator and the effects of which are ascertained by public notaries when they perform their professional services, by issuing transferable ownership documents rel...
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Noi modificări aduse procedurilor de evaluare a operațiunilor de concentrare economică prin Pachetul legislativ de modernizare 2023
Numărul 1 Anul 2024
Starting from 2014, the European Commission initiated public consultations aimed at modernizing the rules concerning the control of economic concentration operations, with the objective of achieving efficiency and speed in evaluation. At the same time, efforts were made to strengthen the relationship between European and national regulations. The assessment of the application of the substantive test in the procedure for analyzing economic conc...
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Lex sportiva – o introducere
Numărul 1 Anul 2024
Sports can not take place outside the law according to the latin quote „Ubi societas, ubi jus”. The difference between the sports law and other domains is that sports law attempted permanently to establish a autonomous system which encompasses rules, regulations and specialized sport jurisdictions. With all the attempts to achieve a greater autonomy, cannot function in a completely separate manner to the existing legal system...
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