Inventory losses can be encountered in various stages of the production – distribution – sale cycle, starting with the raw material acquisition within the production process and ending up with losses generated within the sale process of certain goods.Regardless of the cause of losses (perishable, damaged goods, technological losses, stolen goods etc.), they have a significant fiscal impact in the business activity, both on profit tax and...

By entering into force of the Law no. 227/2015 regarding the Fiscal Procedure Code, a number of changes were made regarding the fiscal regime of the precautionary measures.The most important changes aim the provisional character of the precautionary measures and the explicit regulation of the exceptional character in which this kind of measures may be ordered. There are also important changes regarding the procedure to be followed by the...

The intermediation contract, whilst being already mentioned in the abrogated Commercial Code, has been defined and regulated only in the new Civil Code.Aiming to intercede the conclusion of various contracts, the intermediation contract is frequently met in practice as a reals assets brokering contract. Unfortunately, brokerage in real assets is a field that is insufficiently and inadequately regulated by the Romanian law.

Reform of the European cross-border insolvency rules: EU regulation 848/2015. On May 2015, 20th, the European legislator enacted the EU regulation 848/2015 on insolvency proceedings (Recast Regulation). The new text, amending and repealing the EU regulation 1346/2000, includes a series of innovations aiming to improve his general functioning and to bring more efficacy and efficiency in cross-border insolvency proceedings in Europe. The study ...

The interpretation of the Vienna Convention on the International Sale of Goods by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania is made through the analysis of recent case law. The paper examines more than 40 arbitral awards. The analysis takes into account both ratione personae and ratione materiae of the Convention.

In the arbitral proceedings particular ethical issues concerning conflicts of interest of the legal representatives of the parties could occur. The purpose of this article is to identify some aspects of ethical issues codification and possible standardization concerning arbitrators and lawyers and the arbitrators’ authority to investigate the current state of the arbitral tribunals and arbitral institutions to sanction misconduct in the conduc...

The European Commission has put forward in 2014 certain consultations dealing with companies, aiming to simplify and increase legislative consistency in that field. Legal effectiveness play the central role, but limits concerning the legal basis in the Treaty should always be checked out. By the most recent of these consultations, the Commission aimed at improving the legal framework of the Directive 2005/56/EC (Cross-Border Merger Directive),...

Companies Act regulates two institutions with similar purpose for the recipient of the effects of these institutions – social capital of a company being set up or increase the capital of an existing company, in both versions through a execution of a contribution in kind. The need to distinguish between the two institutions, the partial division of the contribution in kind, has both theoretical and practical importance by identifying and ...

The national regulations by which the Member States enforce a discriminatory tax treatment on the subsidiaries or branches of non-resident parent companies, compared to the one enforced on resident companies with an objectively comparable status, represent unjustified restrictions on the exercise of the right of establishment set out by art. 49 of the TFEU. The actual protection of the freedom of establishment was reinforced by the development...

The present study has as starting point the draft for the revision of the Shareholders’ Rights Directive, (2007/36/EC), aimed at improving the corporate governance of the over 10,000 companies listed on capital markets in Europe.Upholding the ambitious European Commission action plan, characterized by the collocation „fostering an appropriate regime for sharehoders’ rights” (from the public omonyme consultation in 2004), the draft directi...