Part II of this article analyses how art. 8 of the Rome I Regulation actually works.The application of the lex loci laboris, of the principle of contractual freedom and of the requirement of worker protection reveals not only the formula of combining libertarian and non-libertarian approaches, but also the background idea that such approaches display in order to ensure the predictability of identifying the law applicable to cont...

The legal status of workers on digital work platforms is becoming an increasingly pressing issue amid the rapid spread of these businesses. In theory, ride-sharing drivers are considered self-employed, but in practice they lack the freedom usually associated with this status. Based on the control exercised by the platforms, the Directive on improved working conditions in platform work establishes a legal presumption of an employment relationsh...

The present article aims to highlight two issues specific to judicial management expertise, i.e. the characteristics of the objectives to the expert’s report and the specifics of the trial procedure.The article starts with the concept of “management judicial expertise” and the role of the court-appointed expert.It then analyzes the characteristics that the objectives of the expert’s report must meet in relation to the specifics of...

The article analyzes the theoretical and practical aspects of control in the field of waste management in the Republic of Moldova, highlighting the lack of a distinct regulatory framework that explicitly governs the procedures, competences, and control mechanisms. Although Law No. 131/2012 of the Republic of Moldova on state control is currently applied in this area, the author points out that it does not adequately address the specificities of...

The agenda of a meeting of the general shareholders meeting may be completed at the request of the entitled shareholders or at the request of the Financial Supervisory Authority. The request for completing the agenda of a meeting of the general meeting of the shareholders by the Financial Supervisory Authority can be done in compliance with the terms and procedure stipulated by the primary and secondary legal provisions.The protection of ...

The paper at hand analyzes Case C-349/17 – Eesti Pagar as a landmark decision in the development of the Court of Justice of the European Union’s case law on the decentralized enforcement of State aid rules. Through this judgment, the CJEU reaffirmed the essential institutional role of national courts in ensuring compliance with Article 108(3) TFEU, highlighting their duty to assess ex officio the legality of public support measures, t...

Legal writing is one of the main methods of conveying information and persuasion.Beyond legal norms, the unwritten rules of drafting professional documents play a significant role in achieving the desired success. They are the professional’s business card and the vehicle through which solutions are proposed to address the substance of legal issues. If unknown or ignored, they will silently work against the writer who proceeds out of mere...

In the legal system, persuasion plays a central role in the success or failure of cases presented before the court. An attorney’s ability to convince the judge is not solely based on the presentation of solid legal arguments but also on a complex set of psychological and emotional factors. Among these, the identity and identification of judges with the attorneys’ arguments are essential. These elements contribute to creating a connection betwe...

Personal liability of the directors towards the creditors follows the liability of the legal person, the one that is damaged by the torts of the directors, so that it aims to reintegrate the corporate assets. The damage thus affects the legal person and only indirectly and implicitly the creditors, the latter being the recipients of the compensation only in the case of the judicial liquidation of the legal person.The personal liability c...

My main goal writing this article was to organize the possible rulings in a regular civil claim procedure against an undertaking which became subject to an insolvency procedure. In order to achieve my goal, I analyzed the nature of the judgments of stay and closing imposed by art. 75 paragraph 1 from Law no. 85/2014.I concluded that both stay, and closing, are part of the same automatic stay international principle, and not two independe...