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...

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 ...

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...

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...

The present study extracts from multiple romanian and foreign judicial decisions a series of jurisprudential rules concerning the sanctions applicable to the deposition given by the witness in his own cause: according to the principle nemo tenetur se detegere the deposition cannot be used. The sanction is determined by the functionality of the deposision as an incriminating evidence. The violation of the said principle by the obtaini...

In most business areas, economic dynamics has generated the need to standardize contracts, with professionals currently using industry-specific market clauses in their fields.Firstly, a literal analysis of art. 1203 Romanian Civil code concludes that as long as a standard clause is at the expense of the other party or in favor of the proposer, that clause can be qualified as an unusual clause.Secondly, a teleological interpretation ...

The paper briefly presents an analysis of the CJEU’s decision in Case C-542/16 that refers to the mediation of unit-link life insurance. There are discussed the main facts envisaged by the court, the reasoning of the court and the impact of the outcome of the decision for the insurance mediation activity. In brief, the CJEU ruled that the insurance mediation does not consist only in proposing insurance agreements, but also in undertaking step...

The present article addresses the subject of collection of claims and abusive practices used by the entities having this object of activity, a subject that still does not generate sufficient interest in the academic literature in Romania. On the one hand, the article chronologically enumerates all draft law on debt collection and makes a juxtaposition of their declared goals with the solutions proposed by them in order to assess their degree o...

The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing re...

This article discusses the main elements of Directive 2017/828/UE amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement. Directive 2007/36/EC (Shareholder Rights Directive) was adopted in 2007 and, ten years later, in May 2017, it was strengthened through Directive 2017/828/UE (Shareholder Engagement Directive).The primary objective of the Shareholder Rights Directive was to ensure that nonresident...