Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provision in...

This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...

As it has been frequently said – perhaps oversimplifying –, international commercial arbitration is a consensual procedure, meaning that only the parties to an arbitration agreement can participate in the proceeding based on it. But who are, exactly, those parties?It is already commonplace that the effects of an arbitration clause can benefit, or bind, other entities than the formal signatories of the contract containing that clause. On...

This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.

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...