Articole din categoria: Numărul 3

Excludererea automată a unui operator economic din perspectiva principiilor proporţionalităţii şi transparenţei în Cauza C 309/18, Lavorgna
Numărul 3 Anul 2019
 An economic operator can be automatically excluded from an award procedure for failure to list the labour costs separately without the possibility of supplementing or amending the tendering documentation. This exclusion can be possible even if a particular obligation (to list separately the costs) was not set out explicitly in the tender documents in so far as such obligation is regulated by public procurement law and award documentation ment...
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Realizarea cartografierii prelucrărilor de date cu caracter personal, aspecte practice
Mapping of personal data processing is one of the important technical activities that must be carried out in the case of certain personal data operators. However, the implementation of the General Data Protection Regulation has led to a number of problems, some of which are presented in the present paper.
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Rolul responsabilului cu protecția datelor în respectarea drepturilor persoanei vizate
Numărul 3 Anul 2019
It has been three years since the European Union’s General Data Protection Regulation (GDPR) came into force, one of the most debated and analysed piece of EU legislation. Throughout this period, and especially after its implementation, starting with 25 May 2018, mechanisms have been explored and still are being explored aimed at ensuring that a reasonable balance is struck between the need to respect the rights of European citizens, called dat...
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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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Deosebiri între fiducie şi trust
Numărul 3 Anul 2018
Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the „crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.Hence the most ...
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Regulile de la Praga, alternativă la Regulamentul IBA privind administrarea probatoriului în arbitrajul internaţional
This article seeks a plea for efficiency tools that are made available to users to streamline arbitration procedures and to inform Romanian users about the existence of the Prague Rules and how they are prepared to respond to the issues addressed in their contents.A Working Group was set up to establish a set of international rules in accordance to the entire arbitration community for obtaining evidence in international arbitration based ...
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Soluţionarea revendicărilor și a disputelor în conformitate cu H.G. nr. 1/2018 şi a Regulilor de Arbitraj ale Curţii de Arbitraj Comercial Internaţional de pe lângă Camera de Comerţ şi Industrie a României
Numărul 3 Anul 2018
On January 11, 2018 – through the entry into force of the Government Decision no. 1/2018 – Arbitration is reintroduced as a way of settling disputes in national contracts (known as Fidic Red and Fidic Yellow), and this normative act removes the Dispute Settlement Committee. Also as a novelty, the arbitration will be settled in accordance with the Rules of the International Commercial Arbitration Court attached to the Chamber of Commerce and Ind...
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Intabularea construcţiilor nefinalizate, o procedură într-adevăr benefică?
Numărul 3 Anul 2018
We draw attention to a matter of interest which, insofar as it is not carefully monitored by the persons in charge of control in the field, may give rise to abuses in the process of transferring ownership of the buildings. We will refer to the unfinish ed constructions, for which the investor obtained the building permit, started the works, but did not finish them, the minutes of the reception at the end of the works are not concluded.
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Constantele răspunderii civile a
profesionistului (I)
Numărul 3 Anul 2017
The issues regarding the civil liability of the professional incites increasingly the interest of the theoreticians, and even more of the legal practitioners being often cited in the settlement of the cases subject to judgment. Our analysis aims to outline the main references which rank this legal institution, trying to sustain with solid arguments the need for the acknowledgement of freestanding liability, separated in relation to other assu...
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