Celeritatea și caracterul special al Legii nr. 85/2014 privind procedurile de prevenire și insolvență
Numărul 12 Anul 2014
The present study presents some important aspects in the new regulation regarding prevention and insolvency procedures, focusing, above all, on the principles of speed and specialty of this law. Law no. 85/2014 brought changes regarding its procedural mechanisms, among the objectives of the normative act being the guarantee of the speed of the insolvency procedure, in order to ensure both its efficiency and effectiveness. All participants invol...
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Avocatul European – Privilegii şi îndatoriri
Numărul 12 Anul 2014
The paper deals with the issue of the lawyer within the European context, highlighting his rights according to European regulations which establish and ensure the European lawyers freedom of movement and practice the profession in the EU. Statistics prove that these prerogatives recongnised to the European lawyer did not go unnoticed, the large and growing number of lawyers who decided to practice under the professional title of their state of ...
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Profesia de arhitect în România Partea I – Organizarea profesiei
Numărul 12 Anul 2014
This first part of the series of articles relating to the architect profession concerns the formal aspects related to the organisation of the architect profession in Romania, describing the manner in which the (national) professional bodies operate, as well as the procedure for entering the profession. The aspects related to the performance of the profession – the forms of performance, the actual activity of the architect, its liability and o...
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Acţiunea în revendicare imobiliară şi acţiunile confesorii în noul Cod civil
Numărul 12 Anul 2014
This study aims to highlight the characteristics of the action for restitution and actions for the exercise of real rights in the new Civil Code vs. the Cuza Code from the perspective of both substantive and procedural law.
Keywords:
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Desprinderea reglementată de art. 2501 din Legea societăţilor – între divizare şi aport la capital
Numărul 12 Anul 2014
The article outlines the institution of separation of patrimony as regulated by the Companies Law no. 31/1990 in the context of analyzing the rules on division from a historical perspective, as well as from the perspective of European law and comparative law. It analyzes the separation of patrimony for the company’s benefit and the contribution in kind of a company, the distinction between the separation of patrimony and the contribution in k...
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Câteva consideraţii cu privire la eroare în cazul vânzării având ca obiect operele de artă
Numărul 12 Anul 2013
This article emphasises the error aplicable in a very restrictive field, the artwork circulation. Although the legistator’s defining term is not an unitary one, the scope of an understanding’s sphere concerning the artistically works was achieved by the means of doctrine and jurisprudence. Their originality is essential in being considered as artwork. Synonymic with the mobile cultural goods, the selling purchasing of artworks are feigned in ...
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Scurte considerații privind aplicarea normelor de drept procesual civil în timp
Numărul 12 Anul 2013
The New Civil Procedure Code and the law for its application generate a transformation of the paradigm as regards the temporal application of the civil procedural law, operating a replacement of the system based on the isolation of the procedural act by the system focused on the stages of the civil process.The law for the application of the new Civil procedure code was requisite in order to endorse the transition form the former code to t...
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O întreprindere nu se poate prevala de opinia juridică a unui avocat sau de decizia unei autorități naționale de concurență pentru a justifica o încălcare a dispozițiilor dreptului european al concurenței
Numărul 12 Anul 2013
In Case C-681/11 Bundeswettbewerbsbehörde, Bundeskartellanwalt v Schenker & Co. and Others, in a judgment issued on 18 June 2013, the Court of Justice of the European Union (CJEU) considered that a company that infringed EU competition rules cannot be exempt from the application of a fine in spite of claims that it relied on legal advice given by a lawyer with regard to the compatibility of its behaviour with n...
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Convocarea şedinţei adunării generale a societăţii pe acţiuni
Numărul 12 Anul 2013
The procedure for convening a General Meeting of Shareholders is a step in the mechanism of forming the corporate will and is regulated by rules of public order, their observance protecting the shareholders, the company and the third parties, thus ensuring the stability of legal relationships.
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Teorii ale guvernanței corporative: origini, evoluții, actualitate
Numărul 12 Anul 2013
The purpose of this paper is to realize a freeze frame of the actual debate on corporate governance theories. It deals with the major theories of corporate governance: agency theory, stewardship theory, stakeholder theory, resource dependency theory, transaction cost theory and political theory. Are presented the origins and the evolution of the main assumptions of all these six well known corporate governance theories.After the corporate...
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