The particularities implied by the usage of drafts as an honouring instrument inside the documentary credit suggests that the bills of exhange law reports are found inside this mechanism in a simplified form, ment to primarily assure the payment instrument function, and only exceptional the function of a credit instrument. ...

 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...

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 ...

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 ...

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...

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.

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...

The mechanism or technique of lifting the corporate veil, which consists of ignoring the legal personality when it is used by associates as a schield for defrauding creditors is regulated in several normative acts. In corporate matters, relevant are the provisions of art. 2371 of Law no. 31/1990, which is the main object of our analysis. In the Preliminaries, we review the general rationale for seting up legal entities, particularly companies...