The article deals with some basic problems of the special regulation of the joint-stock companies active in the field of sports. A special and derogatory legal regime of these companies is justified. But the current regulation should be modernized, adapted to the current legal, economic and social conditions. Law on the one hand should support the establishment of these joint-stock companies, setting clear criteria and procedures, on the othe...

Regulations of unfair contractual terms and practices are a relatively new field in the relations between companies. However, its importance should not be overviewed considering the high potential risk arising from it. There are a number of legislative provisions granting to the unfair terms and practices between professionals its due importance.Both European and national regulations incline to regulate more profoundly the relations betw...

Community property regime affects both the setting up and the functioning of companies regulated by Law no. 31/1990, in case one of the spouses disposes of the indivisum estate, in order to acquire shares or stocks. Thus, the provisions of art. 349 of the Civil Code should be related to the specific regulations on companies.

The hereby article is meant to highlight and to accentuate the meaning given by the legislator to the provisions stipulated by art. 241 of the Capital Market Law, by comparing the limits of competence imposed on the executive management of a stock company, by reporting to the plenitude of competence belonging to the general meeting of shareholders, pursuing in the same time the interpretations given to this article, bearing a brief comparative...

This article represents the second part of a study aimed to provide an overview over the services and construction contractors’ liability under the Romanian Civil code. In this second part, the authors focused to the special provisions from the Romanian Civil code, applicable to construction contracts and also provided brief considerations with regard to the termination of the contractor agreements. Where the case, the special legislation has ...

Under the old Romanian Civil Code the assignement of rights and obligations and the possible substitution of a contractual party were not subject to any legal provisions holding globally the possibility of any contractual position transfer. Therefore, at the time, the scholar aproach was suggesting a divisional view – the dissolution of the contractual transfer concept in different suitable civil institutions ready to offer explain as for the...

This brief essay gives an overview of the types of professional legal writing and proposes a taxonomy of professional legal writing în Romanian law. The essay also provides ample exemplifications and descriptions of different types of documents drafted by attornery în their professional activities.As legal writing is a matter not studied în any systematic way în the Romanian Law Schools, the author argues for its inclusion while attempt...

Leasing contracts are useful tools for many companies in regard to their activity. Easy to complete and often containing credit conditions more relaxed than the conditions needed in obtaining a bank loan, these agreements are included in the trade funds for a significant number of companies that go insolvent.

The astreinte, derived from the Latin adstring is a process of constraint which, despite its character indirect, is very effective; it hits the debtor in his sensitive part, the portefeville, to the penalty is vast, although it is not without limits.The author reviews the evolution of the institution of penalty, judicial or conventional, limited to the comminatory measure „comminatory penalty”.  

International adoption of rules relating to damages caused by pollution is due to inappropriate and incomplete national legal systems.In these conditions, the contribution of international conventions is to qualify and quantify certain types of claims (e.g. pure economic loss caused by environmental pollution, costs of measures to prevent or limit pollution, environmental damage).