This paper examines the EB-5 immigration visa, created by the United States through the Immigration Act of 1990. The Immigration Investor Programm allows immigrants to earn their Green Card / American Citizenship by investing in American businesses. Investments range from commercial real estate to solar energy plants and could only be received by an economic unit defined as a Regional Center. It also focuses on the legal aspects of regional ce...

By inserting the arbitration clause in their contract, the Parties agree that they shall both bear the costs of the arbitration proceedings equally.In its decision regarding the costs, the arbitral tribunal will consider any and all of the circumstances it deems relevant, including if and to what extent the each party carried its part of the arbitration in a time and cost-efficient manner.Regarding the subsequent allocation of cost...

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...

The new Civil Code innovates the sanction of contract rescission as far as substantial law is concerned, but an adaptation of the procedural law occurs as well, Government Emergency Ordinance nr. 80/2013 concerning the judicial stamp duty being enacted especially in order to adapt the payment of tax to the new judicial institutions created by this legal norms codex. By excluding the institution of finding the unilateral extrajudicial rescissio...

Germany’s Federal Court of Justice continues to elliminate from consumer credit contracts those fees which it regards as unfair, ruling out that on the grounds of the lack of counterperformance there is an imbalance between the parties rights and liabilities. Two recent decisions, dating November 2016 and May 2017 (XI ZR 552/15 and XI 308/15) extend the control of the unfair character of terms to the Bauspar contractual savings scheme, which ...

At the expiry of the 60 days term from the maturity of the payment obligation when the creditor may request the opening of the insolvency proceedings against the debtor has the legal nature of a grace period established by the legislator in favor of the debtor and which qualifies as a restriction of the creditor’s right to act against the debtor in opening the insolvency proceedings.

The opening of insolvency procedure on debtor’s request is done either when he finds insufficient funds available for the payment of due debts or when he finds that he will not be able to pay at the due date the due debts incurred with the money funds available at maturity

Law No. 85/2014 on insolvency prevention procedures and insolvency proceedings is characterized by the specialization, the autonomy and the strictly determined object of its regulatory norms. However, when applying these norms, particularly during the devolution of the insolvency proceedings, several conflicts, collisions and necessary correlations with other judicial norms, have been found, meant to ensure, if necessary, the primacy of incide...

The present study presents issues regarding the request for lifting the suspension of judicial, extrajudicial or enforceable actions for the realisation of the creditor’s claim over the debtor’s assets as provided by art. 75 par. 1 of the Law no. 85/2014 on pre-insolvency and insolvency procedures which creditors that have a preferential claim may have in favour, exception of the principle of suspension of the creditor’s powers to asset and enf...

The main goal of this study was to perform a research on the interpretation and application of art. 2158 paragraph 2 of the Civil Code, especially in the activity of natural persons. The research plan drawn up for such purpose, considered first of all, the presentation of the general aspects of money loan, and subsequently the examination of the restrictions imposed to loan granting with interest for natural or legal persons, who do not perform...