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...

Through this study we set out to proceed with the inventory and examination of some of the most relevant legislative interventions on Law no. 31/1990, decided by the Parliament by the two normative acts mentioned in the title. We also set out to identify and evaluate the impact that those legislative events may have on the establishment and functioning of the forms of companies envisaged by the legislature.

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.

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...