Realizarea cartografierii prelucrărilor de date cu caracter personal, aspecte practice
Numărul 3 Anul 2019
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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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
Numărul 3 Anul 2018
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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Aspecte juridice și economice privind investițiile făcute prin programul de imigrare EB-5, S.U.A.
Numărul 3 Anul 2017
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...
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Costurile arbitrale în procedura de arbitraj internaţională, Regulamentul ICC, Regulamentul ICSID. Criteriul de alocare a costurilor arbitrale. Plata TVA-ului către arbitrii din perspectiva Regulamentului ICC
Numărul 3 Anul 2017
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...
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Constantele răspunderii civile a
profesionistului (I)
Numărul 3 Anul 2017
profesionistului (I)
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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Timbrajul special în cazul rezoluțiunii unilaterale extrajudiciare și al rezoluțiunii de drept
Numărul 3 Anul 2017
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...
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