The aim of this study refers to the identification and the classification of the historical monuments transfer and mostly to its legal framework specificity. We also tried to emphasize and criticize the Romanian state right of preemption, regarding the historical monuments, in case the owners express their intent of selling them. ...

The new Law on pre-insolvency and insolvency procedures, after settling the predicament in a special manner of liquidation of the debtor’s assets in bankruptcy, including by selling assets, offers a final solution for valuing the debtor’s patrimonial assets, using the provisions of the Civil Procedure Code, in order to sell by public auction the assets of the debtor. The disclosure of the purpose of the reference standard and of the compatibi...

The present study analyzes the topic of costs in civil proceedings governed by the new Civil Procedure Code, in force since February 15, 2013. Although the new Code of Civil Procedure partially adjusted the costs issues, the topic remains controversial both in doctrine and in the current judicial practice. The study was based on the analysis of the costs under the current code, the changes to the Old Code of Civil Procedure, comparing the new ...

According to the law, misuse of grant European Union funds offence consists in the misapplication of such funds for purposes other than those for which they were granted. In the analysed provizions it is also criminalised the intentional act through wich, without compliance with the legal provisions it was obtained a benefit which had as effect the illegal reduction of the resources of the general budget of the European Union or of the budget...

This series of three articles, in three parts, analyses the issue of tax evasion, regulated by Law no. 241/2005 regarding the prevention and fighting tax evasion.This third (and last) part analysis the article that incriminates various forms of the proper tax evasion, respectively Article 9. Analyses also Articles 10 and 11, that applies to all criminal forms regulated by this piece of legislation.

Regulation no. 151/2015 on insolvency proceedings of individuals will come into force on 26th of December 2015. Taking this into consideration, the article contains a brief review of the most important matters of a regulation that should have come into force a long time ago in the national system of laws.First of all, the regulation can be „improved”, because there are strong reasons to believe that, with this contents, the regulations wi...

Two important mechanisms of the architecture of consumer protection systemsimultaneously start in Romania: consumer insolvency and alternative disputeresolution for consumer disputes. This study is a comparative critical analysisregarding consumer’s access to these procedures, an essential point for theeffectiveness of the instruments for consumer protection.

A new element that also appeared in matters of Romanian citizens succession is the implementation of Regulation (EU ) no. 650/2012. Although the applicable law should apply to the inheritance as a whole, however, certain issues such as inheritance tax , have been excluded from the scope. Through this article we want to bring back the attention of the Romanian legal environment the succession duties, while pointing out the main stages that mark...

Servitudes represent the connection of two neighboring buildings or in a mediated proximity, which facilitates their economic exploitation to the advantage the fund which becomes dominant. In return, the fund that supports the servitude is called the subservient fund.Having originally a predominantly rural character, servitudes institution become obsolete as a result of the appearance of specific regulations, such as those in the water ...

The legal issue that we bring to attention within this study refers to the possibility that an arbitration convention signed by two parties may be also extended towards a third party which is a part of the group of one of the signatories.The group can be organized as a pyramid, on top being the shareholder or the dominant company, or it can have a radiant form, in which case we have in the center the entity that exercises the control. Ho...