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...

The initiation of insolvency proceedings against a contractor performing construction works is likely to cause detriment to the client considering the latter’s limited rights under Romanian law in case of the contractor’s default and the divergent case law on their enforceability. This article focuses on the client’s most important concerns and tries to determine to which extent these concerns are likely to be mitigated by the entrance into f...

After the date of opening of insolvency proceeding, if it was not raised the right of administration, the debtor, by special administrator, is the one who decide on restructuring measures or amendments of the collective agreement, under the supervision of the insolvency administrator. The right to decide on the termination of individual employment contracts belongs to the insolvency administrator/judiciary liquidator, according to art. 123 par...

In the present study we aimed highlighting the areas in the field of insolvency where a modernisation of regulations is necessary, in order to address deficiencies posed by the current legislative framework. This paper aims to conduct an analysis of the concept of rescuing companies within the European reference laws and of the reasoning underlying its, taking into account the key factors that have influenced the development of various insolve...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the eighth of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it mi...

This article makes a general presentation of the derivatives, forward, futures and options, their legal nature and the trading procedures. These instruments were intensivelly used before the 2008 recession to finance different areas. Despite that their role is significantelly reduced, they are still not just a theoretical model but also a practical one to use instruments were the principal actors of the financial market meet: issuers, brokers...

The present study has proposed as primary objective the identification, analysing and presentation of the specific legal status of observing and sanctioning by the competent authorities the facts considered by the legislation in force, as being contraventions to some specific activities of the capital market, more precisely, of some categories of financial instruments, the insurance and reinsurance and, not lastly, the activities and operation...

The article represents a brief overview of the regulation of the right to one’s image and the limits to the use of a natural person’s image, especially by contrast with the right to free speech. Afterwards, the authors analyse the special case of distribution of portraits on social networks, pointing out the possible remedies available to the damaged persons in case of unlawful distribution of their image.

The following paper analyses the provision of article 11 form of OECD and UN Model Conventions. Article 11 is used in both Model Conventions in order to regulate the taxation of interest incomes derived from cross-border relations. In the same time, the reader shall be informed on the way Romania has understood to regulate the taxation of the interest incomes within the double taxation convention it became party to. After more than 75 years of...