Fals tratat de autor
Numărul 3 Anul 2020
Writing is easy. What’s actually difficult is to prepare for it. This preliminary stage consists, in fact, in reading. If you don’t have the time to read, you will not have the time – and more importantly, the tools – to write. One’s writing style is the reflection of one’s readings. The power of literature (legal, but especially non-legal) is slowly leaving its mark on us and, over time, stimulates us to write better.
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Cum scriu
Numărul 3 Anul 2020
Writing is as important for the discipline of an academic profession as is reading.But they are stages radically different, if not even opposed within the rhythm of academic life. A day that starts with going through bibliography, with checking sources or looking for the texts referred to by sources, or with reading texts which inevitably catch your attention, is a day which is lost for writing. Receptivity towards something new and cur...
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Cea mai bună minciună este adevărul
Numărul 3 Anul 2020
Regardless whether you write for practitioners or for the academic environment, it is an exercise of great responsibility to review the text before publishing it. This is writing hygiene. It gives one the chance to detect not only spelling errors, but also judgment errors. (…) I am not always successful with this, precisely because writing rather gets me tired than attracts me. However, happily the safety net works because there was always so...
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Despre drept și scrierea lui
Numărul 3 Anul 2020
By its very function and training, the notary is a man of legal „express”, of explicit formulations. (…) A seeker of the causal relation, who will never be able to detach from it. Although abstraction could help him, he ignores it, and prefers to look, confused, for the validity of the causal relation underlying the document he is drafting. He is easily afraid and take exaggerate precautions. His anatomy impedes creativity, so he prefers well...
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De ce prefer textele negociabile, nu textele de adeziune
Numărul 3 Anul 2020
The texts I write (and, in general, the texts that are written in law) are of two kinds: “negotiable” texts and texts “of adhesion”. (…) The texts written for “negotiation” have a different content from that which would have resulted if those texts had been written “for adhesion”. (…) Whoever the reader is, I examine the result of the agreement I propose to reach in terms of “degree of consensus”, not in terms of “assenting to an op...
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Cum scriu (eu)?
Numărul 3 Anul 2020
The addressees of what I write, the information about them, about their expectations are decisive. The language, the tone, the modality of expressing the information depend all upon the addressees, more precisely upon what I know or I think I know about them.
Keywords:...
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Cum scriu
Numărul 3 Anul 2020
The contract becomes a group work, reflecting the agreement reached by theparties. Sometimes this compromise, as well as the hurry in the negotiation of some provision before signing, result in imperfect formulations, whose future interpretation might trigger potential disputes. But these situations are specific to the dynamics of the transactions, in which, many times, the pressure to reach an agreement, after many tens of hours of neg...
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Dreptul de autor în cinematografie. Studiu de caz
Numărul 3 Anul 2019
It may be said that cinematography is the first new form of art in the industrial age. At the beginning, it was not included among the defined forms with the accepted notion (at that time) of „art”, considering that it did not fulfill many of the „sacred” attributes of art and was outside the romantic vision of the artistic creation, a vision according to which an art work is characterized by authenticity and unrepeatability, being a unique c...
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Asigurările de răspundere civilă în profesiile juridice
Numărul 3 Anul 2019
Pursuing legal professions may bring some risks, including the risk of prejudicing the others and thus triggering civil liability. Malpractice insurance in the legal field has been rapidly developed in recent years and has the role of covering the damage caused during or in connection with the legal acts or facts regarding the juridical professions, committed by authorized and active specialist in these professions.
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Noi reguli pentru soluţionarea litigiilor fiscale. Evitarea dublei impuneri
Numărul 3 Anul 2019
Double taxation of income has generated and generates multiple problems among the taxpayers of the Member States, there being situations when for the same type of activity, a taxpayer owes tax on the territory of two or more Member States, creating a conflict of competence regarding the taxation of the taxpayer’s income. In order to regulate how these conflicts are resolved, Council Directive (EU) 2017/1852 of 10 October 2017 on tax disputes r...
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