The article is aimed to analyse, through the eyes of a practitioner, the mechanism and legal effects of hardship, a legal concept which was for the first time explicitly regulated under the Romanian law by the new Civil code, which became effective as of October 2011. One particular pragmatic objective of the author was to outline the potential practical issues which may arise due to the large variety of possible situations, correlated to the...

A relatively new, compromise-based form of justice in the Romanian legislation, mediation has increasingly been subject to debate within the framework of the entry into force of the new Code of Civil Procedure, because, while changing the common procedural rules relating to non-criminal litigations, a new preliminary, pre-trial procedure was introduced, namely the mandatory information on the benefits of mediation. As a new institut...

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. ...

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...

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...

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...

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...