Articole din categoria: Numărul 1

Dreptul transnaţional și comerţul: posibilă introducere
Numărul 1 Anul 2021
‘Transnational law and trade’ is one of the legal topics which are worth to be debated all over the world. In my paper I suggest some ways of addressing the present and future transnational situations. Past transnational situations may provide a methodological help in this respect.
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Măsuri adoptate la nivel european de flexibilizare a reglementărilor bancare în vederea susţinerii continuităţii activităţii antreprenorilor
Given that, amid the restrictive measures imposed by the pandemic coronavirus, economic activities are affected by the bottlenecks created, the European Commission has intervened through a series of measures to streamline the functioning of banking systems so that they can provide the necessary funding for sustaining business continuity and for consumer survival.To this end, the European Commission has adopted a Banking Package to help
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Noţiuni introductive de oratorie judiciară – „Stand up, speak up and shut up”
Numărul 1 Anul 2021
In the age of the IT revolution, knowing is no longer enough. The essential premise of performance is the application of information (know how). The skills needed by legal professionals are no exception, and judicial oratory is the most important form of exposing and capitalizing on information. Eloquence is the nucleus around which revolve all the other elements of oratory before the court.
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Impactul noilor tehnologii în funcţionarea societăţilor pe acţiuni
Numărul 1 Anul 2021
The most important event in the life of a joint stock company is the general meeting of shareholders, be it either ordinary or extraordinary, a meeting in which the shareholders establish, by vote, the direction of the development course of its activity. Traditionally, the expression of the vote in the general meeting was done within the organized framework of the meeting by expressing it directly or through a representative. The evolution of s...
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Preluarea ostilă
Numărul 1 Anul 2020
Hostile takeover is the takeover public offer made despite the opposition of the management of a company. The reasons for the hostility are, in general, the fear of the management of the target company that will be replaced after taking over.The hostility is expressed, formally, by recommending the management of thetarget company made to its shareholders to accept or not the takeover offer of the acquirer. The best solution to avoi...
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Reprezentarea unei persoane fizice de o societate cu răspundere limitată. Implicații în dreptul procesual civil (practică judiciară comentată)
Numărul 1 Anul 2020
The power of representation granted by a natural person to a legal person produces specific consequences in terms of substantive law. In civil procedural law, however, it is subject to significant limitations, given the strict rules provided by the Code of Civil Procedure. In the absence of a judgment pronounced by the High Court of Cassation and Justice in this matter, we deem that the limits of the representation of a legal person by another...
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Teoria generală a dezmembrării proprietății private. Considerații asupra posesiei și protecției juridice a dezmembrămintelor proprietății private
Numărul 1 Anul 2020
The present study is a continuation of the presentation of some key aspects about the general theory of property dismemberment, started by us through this publication. Without intending to be exhaustive, we tried to analyze the features of exercising the dismemberments of private property highlighted by the specifics of possession of these rights, but also of their defense. The concepts of opposability or task constitute the vein that substant...
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Protecția drepturilor
consumatorului european
Numărul 1 Anul 2020
The single market offers European consumers direct and indirect benefits, rights and opportunities, various options and competitive prices, under quality and competitive conditions, safety for products and services circulating within the European Union.Consumer protection policy is now an integral part of the Union’s strategic objective of improving the quality of life for all its citizens. In addition to the direct actions aimed at prot...
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Soluționarea conflictelor de legi din acțiunile în răspundere pentru produse defectuoase
Numărul 1 Anul 2020
Given the constant growth of international commerce, by concluding commercial relations by professionals, as well as nonprofessionals, it is highly important for the legislation to keep up with the market evolution, with the undeniable realities of living in a society that is geared towards consumption and internationalization and that is governed by technological advancements.National legislations, as well as international legislations ...
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Frauda în materia TVA: conturarea unor elemente obiective care permit dovedirea vinovăției
Numărul 1 Anul 2020
The present study aims to identify in the practice of the courts a series of objective elements in committing VAT fraud, which have relevance on proving guilt, a condition of fiscal liability. Starting from the jurisprudence of the Court of Justice of the European Union, we will approach the „test of knowledge” by the economic agent of the involvement of his operation in a tax fraud from the perspective of domestic law. The „knew or shoul...
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