The legal framework on data protection is in a rethinking process both from the point of view of regulation technique, meaning the pending proposals of Regulation and Directive, and from an institutional perspective. By this new legal framework and also the case-law of the Court of Justice of the European Union, a system similar to that within the European competition is being put into place, which will gather together the national supervisor...

In systems of law, as well as in the area of current knowledge, it is the Greek and Roman civilizations that offer the ethical and moral fundamentals, as well as the legislative and institutional framework for modernity. It was easy to start with Aristotle’s Nicomachean Ethics where the author laid the basis of the principles of democracy, the philosophical and ethical systems, which were later confirmed and enriched by European historical ev...

The coming into effect of the new Civil Code meant, among others, the changing of the contractual paradigm based on the principle of autonomy of will. The principle of the contractual balance is the new coordinator of the life of the contract and its conceptual tools are lesion – as vice of consent – and unpredictability. Both institutions are designed to ensure harmony of the content of the contract: the first one, in the initial moment, of i...

Article 1170 of the Civil Code regulates the general obligation to act in good faith in the negotiation and execution of contracts. From the legal nature of the obligation good faith has important consequences in terms of sanctioning its non-compliance: this obligation does not follow the regime of non fulfilment of an obligation contractual, i.e. it does not activate in favor of the creditor the rights stipulated in article 1516 NCC. A distin...

In terms of obligations, in general, and contracts, in particular, the new Civil Code brings innovations, indeed, which will be widely discussed in the doctrine and will make the subject of jurisprudential disputes as well. The paper is an attempt to outline the novelty issues in relation to the general principles applicable to contractual good faith; we hope that, the briefer this is, the more enlightening it will be for jurists, given the fa...

Preliminary contracts belong to legal institutions which, in the Romanian legal system, have not been, until the publication of the Romanian New Civil Code, legally regulated by a particular law, the Old Civil Code or the Trade Code did not comprise stipulations which specifically regulate their legal nature and the effects that these „legal constructions” produce. The existent legal provisions did not focus on the pre-contractual phase, but ...

Public lending has both negative and positive aspects, especially if we are considering the conditions envisaged in the general terms of public lending contracts and the role of public lending in general. Often we can witness publicized “victory” of the government regarding successful contracting of a loan, of course without a special attention being accorded to the often harsh repayment terms included in the contract. Public loan...

The inspection of the activity carried out by the administration and management bodies organized in the entities regulated by the Law number 297/2004 and the Emergency Decree of the Government number 32/2012 is ensured by a number of institutions functioning with these bodies: the auditors of the company, statutory and internal, with the mission of exerting a permanent control of the bodies responsible with the management of the company; the ...

In the field of Romanian stock markets nowadays, the RASDAQ market presents itself as problematic in two regards: on an economic level, due to reduced trading activity, and on a legal level, due to uncertainty regarding its legal nature, low standards of shareholder protection, and the National Securites Comission’s plans of closing it down.This paper adresses the legal side of the issue. It takes a brief look at the European regulation...

There are traditional connections between the Italian and Romanian legal systems, including in the matter of corporate groups law. Within the substantial reform of the Italian Civil Code 2004 as of 2004, there were introduced legal provisions aiming to regulate the relations between the companies belonging to the same corporate group. Given that the Romanian legislation does not have such a regulation yet, we think a comparative approach with...