The survey examines the shares enforcement procedure, the rules and restrictions resulted from the observance of the legal status of these securities. Keywords: shares, enforcement, public tender, affectio societatis

This paper deals with the relationship between the double tax treaties and the methodological rules for the application of Fiscal Code with a focus on the ”net of tax contractual” provisions which are frequently used in the agreements concluded with non-residents. In our view, the provisions from the methodological rules which prevent the application of double tax treaties when the tax is borne by the Romanian income payer override the treaty...

The usual definition of a concept is carried out by indicating the genus proximum (genus proximum is the reference point, the closest in meaning to the notion that is defined) and differentia specifica (characteristic feature of the concept that distinguishes it from other concepts contained in genus proximum). In the following we tried to capture the genus proximum – trust. In a future study we will aproach t...

In 70’-80’s timeshare was a legal innovation followed by Western Europe which in the present times sparks no more interest. However, the Romanian legislator wanted to give it a legislative regulation in order to clarify the legal nature of the right. This regulation lacks no criticism, so in this study we have analyzed from several points of view the nature of the right as well as the assumption of inconsistencies between the law and Constitut...

In the digital age, almost unlimited copies of copyright protected material can be made by millions of people at the same time, and in many cases this is done anonymously. Under such circumstances, right holders are becoming more interested in looking to the gatekeepers of the information available on the Internet (the Internet Access Providers that is) rather than individual users in an attempt to put an end to online copyright infringement....

The article examines the possibility of enforcement on the shares of a limited liability company owned by an associate who is also a debtor, given the recent changes to the Law on Companies no. 31/1990 trough Law no. 152/2015 amending and supplementing certain regulations in the field of registration in the trade register. The author concludes that these shares may not be freely enforceable even in the context of the new legislation, bringing ...

The corporate law, having its main study objective the commercial companies, is in fact, the totality of the law norms which have, as main object, the judicial rapports, whose main subjects are the commercial companies.The Romanian Civil Code adopted by Law no.287/2009 from July 17, 2009, consecrated by a monistic conception, brings substantial modifications in the matter, both in terms of embedding the Commercial Code into Civil Code, ...

This article describes the possibility of regulating corporate law using European Union directives. Issues such as legal basis of those acts, appropriateness and the effects of the directives in the Member States system of law are discussed. Various examples from the Romanian law are also presented.

Lately, the Romanian legal authors discuss quite a lot about the legal technique by which the assett partition realized by means of creating a separate legal person is canceled. Recent legislation has been issued containing explicit general norms to this effect. But beyond the single label ”piercing the corporate veil”, American and European case-law established several modalities of this technique, each one adapted to a different objective pu...

This article discusses legal exit rights as a minority shareholder protection in Romania, France and the United States, as countries representatives of weak, average and respectively strong capital markets, with varying levels of shareholder activism and litigation (low, normal and respectively high). Legal exit rights are instances where the law provides that a shareholder has a withdrawal right, generally at a fair price to be paid by the co...