Adresarea întrebărilor în context judiciar
Numărul 1 Anul 2022
The questions asked in a judicial context are not based on curiosity. Unlike the usual conversations, judicial interrogations are intended to serve as a probative thesis, respectively to obtain information, acknowledgments or contradictions that clarify the disputed legal relations and contribute to their resolution. Preparing questions, techniques for addressing questions and anticipating the answers, those are essential steps for any litigat...
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Comercializarea influenţei. Reguli și nereguli în influencer marketing
Numărul 1 Anul 2022
The Internet has led to the migration of commercial advertising in the cyberspace, where professionals who seek to promote their products/services are forced to fight for the consumers’ attention. One form of online commercial advertising, which they use to a significant extent, is that carried out through influencers. These advertising providers commercialize their influence. In order to present some of the legal issues stemming from the inf...
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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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Consimţământul – un cameleon între temeiurile prelucrării datelor cu caracter personal
Numărul 1 Anul 2021
The specific legislation on the protection of personal data provides operators with six grounds on which they can collect and process such data, and choosing the most appropriate one for each situation is not always an easy task. One of the six legal grounds is the consent of the data subject, and the manner in which it is regulated and private law habits could create the impression that consent is the „king” of the grounds for the processing...
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Utilizarea cookie-urilor în lumina legislaţiei privind protecţia datelor cu caracter personal
Numărul 1 Anul 2021
Cookies have become an almost constant presence in the online environment. In such context, site operators need to pay particular attention to the use of such technology, especially from the perspective of the legislation concerning personal data protection in the electronic environment. This text aims at summarising the general legal requirements applicable to the use of cookies and to draw attention, without envisaging to comprehensively dea...
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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
Numărul 1 Anul 2021
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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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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Natura juridică și fundamentul acțiunii directe a utilizatorului din contractul de leasing împotriva furnizorului bunului în contextul O.G. nr. 51/1997 și al noului Cod civil
Numărul 1 Anul 2020
The lease is one of the most important and frequent legal operations that we find in the Romanian trade. However, the legislature did not consider it necessary to establish this legal operation within the contracts regulated by the new Civil Code.The direct action of the user is expressly regulated by art. 12 of O.G. 51/1997, but, unfortunately, we find only a few doctrinal points regarding this legal mechanism.In this re...
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