Withdrawal and expulsion have effects not only over one’s position as a member of a company, by ceasing the membership, but also over the net assets of the issuer of the respective shares, own by the withdrawn or expelled member. These are acquired by the issuer, which either cancel them, either keep them as treasury.Due to the fact that members’corporate claims are satisfied over the very issuer, the question raised is the protection o...

The study critically analyzes the text of art. 207, para. (1) of Law no. 71/2011 for the implementation of Law no. 287/2009 on the Civil Code, according to which the new rules of conflict will immediately apply in all cases when the submission of the claim in front of the court or other competent authority was registered after the date of entry into force of the new Civil Code (1 October 2011). The legislator does not refer to the date when th...

This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the sharehol...

The sudden ultravalorisation to a particular currency bank credit agreements with consumers prior to the entry to force the new Civil Code, currency considered by some authors as exotic brought in present in our country, the applicability of art. 1579 par. 3 of the Romanian Civil Code of 1864, the legal text which attempted to justify the possibility of conversion of foreign currency loans in lei and freezing of the leu-foreign currency at the ...

Brussels I Regulation establishes a system for recognition and enforcement of judgments coming from courts of the Member States within the European Union in civil and commercial matters. Following article 73 of the Regulation, its applicability was analyzed after a period of fi ve years from its entry into force. In general, it facilitated cross-border litigation, but its applicability has been criticized, among others, in relation to exclusiv...

In 2010 the European Commission prepared a Report on the application of Brussels I Regulation as it was required by article 73 of the same Regulation. In its Report the Commission proposed several changes to be brought to the Regulation in order to improve its applicability and achieve its objectives, those of avoiding parallel proceedings and irreconcilable judgments within the courts of the Member States and providing an area of free movemen...

The second part of the series of articles relating to the architect profession is focused on practical aspects of the profession, describing the forms in which it is performed, the actual activity of the architect, his civil liability and other issues of interest. The matters referring to the organisation of the profession have made the object of the first part of this article, published in the Romanian Review of Business Law no. 12/2014....

Several trial options lie ahead of both claimants and national judges, in ongoing fiscal litigations, in view of the determination of the VAT owing for the immovable property transactions carried out by natural persons in the boom years of 2005-2008. The fiscal prosecutions have suffered a serious setback with the publication of the ECJ decision from November 7th, 2013, in the joined Cases C‑249/12 Tulică and C‑250/12 Plavoșin

The article presents the issues that the current Code of Civil Procedure clarifies with regard to certain doctrinal and arbitral jurisprudence controversies, as well as the way of implementing some solutions of arbitral practice at the legislative level. Keywords:

The legality of the administrative, regulative or individual, acts, issued by the Financial Supervisory Authority for the organization of the working capital market are made using the administrative legal department procedures. The disproof of the sanctioned acts, issued by the Financial Supervisory Authority, will be analyzed by a specialized court, the Bucharest Court of Appeal, with the enforcements of the legal general provisions referring...