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:

The study takes into account not only the legal rules regarding the appointment of the arbitrator, but also issues closely related to ethics and deontology. Comparative law elements are being taken into account with a special emphasis on the rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. ...

This article discusses one of the grounds for which the arbitral award may be set aside through the action for annulment, particularly the reason of rendering the award after the expiry of the term of the arbitration, although at least one of the parties has declared that it intends to avail itself of the lapse of the term of arbitration and the parties have not agreed to continuing the procedure. The article covers the requirements for admiss...

Without requiring any mandate from the owner of financial instruments, a financial services agent authorized to access the Central Depository’s computer system may transfer those titles from the individual account of the owner to any individual or global account. Keywo...