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...

The present paper analyses the essential facilities doctrine and its application in the decisions of the European Commission and the case-law of the European Court of Justice in cases of abuse of dominant position. More precisely, the paper seeks to explore the conditions in which a dominant undertaking may be obliged to share with its competitors access to certain goods, services or rights which the former holds under exclusivity and which ar...

The definition of the administrative procedure sought to relieve the courts, by transferring to the insolvency commissions the role of mediator between the debtors and the creditors for the realization of a debt repayment plan through which most of the debts are covered or even in full but without accessories, in a reasonable period. ...

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...

Through this article, the authors aim to highlight the importance of the rights of end users in the remote conclusion of a contract for the provision of mobile telephony services, in the context in which this way of concluding such a contract involves the exclusive use of one or more many means of remote communication, without the conclusion of the contract requiring the simultaneous physical presence of the two contracting parties. If in the...

A series of cases drew attention to the link between the concept of conflict of laws and the European Union’s Law. The Ingmar GB Ltd. v. Eaton Leonard Technologie Inc. case law is one of them. I took the liberty to start a preliminary research on such link in the light of the message spread by the above-mentioned dispute. This message invites us all to take note of at least one idea – the neo-Savignian idea of exercising the concept of Europea...

Crime prevention, criminal justice, and law enforcement are areas where artificial intelligence has the potential to complement or even greatly improve traditional techniques. The potential for artificial intelligence for law enforcement, legal professionals, the judiciary and even the criminal justice system to enhance human capabilities is enormous. Many judicial authorities have begun to use artificial intelligence applications to improve ...

The author emphasizes the importance of the protective regulation for real estate, protection supported by the adoption of Law no. 422/2001 of July 18, 2001, on the protection of the historical monuments, an amended and adapted law.He also notes some uninspired statements offered by the legislator that are found in the rules of the special law and whose effects are noted by public notaries when performing their professional services, by ...

As Armour, Hansmann & Kraakman’s classic Anatomy of Corporate Law attests, limited liability is a powerful “owner shield”, in fact, the reverse of “entity shielding” and, together with it, two of the main components of legal personality.The “company shield” protects the company’s assets from the possible claims of the shareholders’ creditors, while the “shareholders’ shield” protects the shareholders’ assets from those of the company’...