The article represents an analysis of the legal nature and validity of the futures contract with negative price, where the seller pays a sum of money to the acquirer, as well as of the particularities and legal regime of this type of contract. The starting point of the analysis was the fall of the oil price below zero dollars per barrel on the US futures market, for the first time in history. This decrease was caused by the imminence of high s...

Towards the end of 2019, certain amendments have been brought to the regulation of franchising in Romania. Without representing a paradigm change – otherwise impossible, considering the European franchising regulation, as an exception from the restrictions set out by the competition legislation (although softened throughout the years) – the changes must be taken into account. Setting out certain obligations which did not exist, or existed in u...

In the usual language, the phrase „droit d’auteur” and the word „copyright” areconsidered synonymous. The meanings of the two terms, however, are different and may generate ambiguities. Neither of the two legal terms – „droit d’auteur” or „copyright” – fails to defi ne the mechanism of protecting the creations of the spirit nor the richness of the provisions included. Among them, the moral rights conferred on the author of cinematographi...

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 t...

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...

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, ...