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...

This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This second part analyses: in-kind contributions; general aspects; utility of the contributed assets and partial payment of the shares; different in-kind contributions; contribution of a property quota; mixt contribution (part of the asset contributed and another part sold); contribution of shares; contribution of the spouses common assets; c...

Certain discussions related to the parties of the trust, but also to the fiduciary transaction have been carried out in previous articles. In the present study only particular aspects are to be highlighted. Also, considerations regarding the character of the trust will be presented as it results from the novelty conception of the Romanian legislator.

By Emergency Ordinance of the Romanian Government no. 54/2016 regarding automobile liability insurance for damages caused to third parties by vehicle and tram accidents, which abrogates Law no. 136/1995 regarding insurance and reinsurance in Romania, the possibility that the payment of damages is being done directly by the own RCA insurer of the injured party, by way of direct compensation method, as well as the possibility of the policy hold...

The ability to identify correctly the position of datio in solutum law on all relevant issues within the current legislation determines the ability to comprehend the manner in which this legislative act represents a follow-up of legislative effort to ensure a balance of contract between consumers and professionals. In this paper we will present the manner in which the so called passing of the torch occurs between Law No. 193/2000 and

The interpretation and application of the European Union law, including the caselaw of the Court of Justice of the European Union, by the arbitral tribunals is a subject which is little approached. This is due on the one hand as a result of the confidentiality of the arbitration awards and on the other hand to the specificity of the legal order of the European Union and of the International commercial arbitration. This article aims to illustra...

This study, part of a broader project aiming to analyze the content of the rights of the artists and their status, render an overview of the patrimonial rights of the Romanian artists: the use right and the resale right. Keywords:

The purpose of the study is to analyze the answer of the judiciary practice to the issue of sanctioning a less ”orthodox” manner of defrauding the unsecured creditors – by allotting and grouping the ”undesirable” creditors to a certain entity resulted from a division, followed by a collective procedure. This ”modus operandi” is more frequently used whereas the unsecured creditors lack the effective procedures – oposition to division –...