As non-participating tools to outcome of a mining project or making an investment, private royalties are complex provisions and agreements that reflect the degree of business planning, local risks, and include the assumptions of future exploitation.Developed as a contractual practice in large mining companies, these clauses have been improved during use and as a result of incidents or case laws, so the current can be used in a...

The effective protection of personal data throughout the European Union required the strengthening and setting out in detail the obligations of those who process and determine the processing of personal data. In order to ensure a processing which meets the requirements of the General Data Protection Regulation and protects the rights of data subjects, the controller and the processor have the obligation to apply appropriate technical and orga...

This thesis aims to challenge the hypnotize that while indeed innovating, GDPR does not put in control the people over their data. It was not designed in this propose. All the made statements will be developed, supported, and explained and as much possible try to address in the body of the essay. Such as: Is the privacy yet a fundamental classic freedom right as used to refer in EU Charter of Fundamental Rights or Convention 108? Are yet the ...

The present paper focuses on the buyer´s right to avoid the contract in case of nonconformity of the goods under CISG with some references to Italian law. In order to avoid a contract due to non-conformity of the goods a fundamental breach is required. The paper firstly analyses the prerequisites of avoidance in art. 49 (1) (a), followed by the analyses of the concept of fundamental breach and the seller´s right to cure under art. 48. The paper...

The Direct action is a means of achieving claims specific to situations where there is no contractual relationship between the creditor and the debtor or the defendant of the direct action, but the creditor may take the action to see his claim paid.Direct action is a privilege assigned only to certain creditors expressly prescribed by law. Bold direct action is part of this narrow circle of direct payment actions, being regulated from th...

Fiducia could not be treated without revealing the similarities it has with the institution of trust. The similarities between fiducia and trust are both evidence of the “linkage” of the two legal instruments and the extent of a potential simultaneous use of these contracts. Starting from the common object, the number and role of each of the fiducia and trust participants and the way the separation of fiduciary property assets and the types of...

This paper highlights a frequent error in the analysis, by the public authorities and by the courts, of the infringements of the competition rules provided by Romanian Competition Law 21/1996 and by the Treaty on the Functioning of the European Union. The error comes from the fact that, when assessing potential anticompetitive behaviours, especially since the ECHR decision in Menarini Diagnostics case (2011), the presumption of innoc...

Ownership by a company of a dominant position on the relevant market is not prohibited, as a result of the efficiency of the business carried out. A dominant position is sanctioned if it has been illicitly acquired or exploited abusively.Abuse of a dominant position is manifested when, by its behavior, a trading company influences the structure or degree of competition on that market by using manifestations, anti-competitive practices, ...

This paper introduces a comparative approach of the fi duciary duty of loyalty in European jurisdictions and examines national regulations and jurisprudential understandings of this duty, which is imported from common law. We will pursue the evolution of interpretations in continental law and analyze recent European studies that extend the scope of loyalty to new areas such as personal data protection or efficient use of natural resources by c...

This article discusses regulatory competition for companies and shareholders in the European Union and concludes that it follows the American pattern. The article places an emphasis on the regulatory competition for listed companies. Keywords: