Raporturile esenţiale dintre actorii procedurii
Numărul 10 Anul 2013
The objectiveness of the insolvency procedures can be ensured primarily through a balanced distribution of roles of the interested parties, without granting a decisive influence to any participant who is not under the obligation to give reasons for its decisions.The second factor (derived from the first) for the purposes of maintaining the objectivity is the appointment of independent specialists in order to perform the economic analysis...
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Scurte considerații privind acțiunea colectivă în noua reglementare a Ordonanței de Urgență nr. 91/2013
Numărul 10 Anul 2013
The article provides an overview of doctrinal opinions regarding the name and legal nature of the class action, as well as a comparison between Law no. 85/2006 and Government Emergency Ordinance no. 91/2013, both regulating the class action. The author’s conclusions state that the actions aiming to restore the debtors’ patrimony and the balance between creditors will be more difficult to bring under the new regulations.
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Jurisdicţia Curţii de Arbitraj pentru Sport de la Laussane
Numărul 10 Anul 2012
Development of legal relations in sport and breeding international disputes in its field, led to the need to create an international body to ensure resolving disputes in a quick and inexpensive manner. Established for this purpose, the Court of Arbitration for Sport in Lausanne has become a prestigious institution in the field of sports arbitrage, developing its own jurisprudence which is a landmark in international sport relations. ...
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Evoluţia jurisprudenţei Curţii de Justiţie a Uniunii Europene referitoare la jocuri de noroc şi pariuri sportive: o perspectivă asupra pieţii interne
Numărul 10 Anul 2012
This paper will discuss the evolution of the ECJ’s case law on the field of sports betting and gambling. Member States remain competent to regulate gambling and sports betting and to structure their national policies on these areas. The gambling and sports betting market is part of the internal market and as a matter of fact is subjected to the rules guaranteeing the smooth operation of the internal market. The case law of the ECJ will be dis...
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Probleme privind rezoluţiunea contractului în Noul Cod civil (III)
Numărul 10 Anul 2012
Under this third part of the analysis regarding the resolution and the annulment of contracts as provided under the new Civil Code, the authors are analysing the effects of the resolution, the abatement of provisions, the partial resolution and the prescription of the right to be reimbursed the provisions rendered under the annulled agreement. Moreover, a comparability analysis between the resolution and other methods of agreement cancellation...
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Regimul juridic al dreptului de preferinţă şi al dreptului de alocare
Numărul 10 Anul 2012
The capital market, the ensemble of relations and mechanisms through which available funds are attracted from the economy and placed with economic agents or public and private entities, on long and medium terms, has movable valuables at its core (financial instruments specific to a market economy).Shares, movable valuables with variable income, are highlighted in particular through the rights incurring from the ownership of shares, amon...
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Fotbal, drepturi audiovizuale şi gestiunea acestora
Numărul 10 Anul 2012
Audio-visual rights, named common TV rights, experienced a great development în the last decade. Management either individually or collectively of such rights has generated huge revenues for sports bodies (federations, leagues, clubs) as well as specific issues of competition law and intellectual property both nationally and internationally. In European football these issues have acquired a special connotation and Commission decisions are a go...
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