In the insolvency proceeding (actually regulated by Law no. 85/2014 and previously Law no. 85/2006) the prerogative of dismissal/unilateral termination of the ongoing convention is conferred to a third party – official receiver (or liquidator), which takes over the supervision or management of the insolvent debtor’s activity from the very moment of opening of the proceeding, unilateral termination of the ongoing convention, depending on the p...

The paper highlights the role and importance of negotiation between the parties to the credit agreement in order to achieve the object of the contract. Being the legal instrument through which the parties materialized their goals on the desired consumer credit and offered by the bank; the credit agreement shall contain any provision that would lead to achieving the outcome pursued by the parties.The first phase of negotiation is performe...

By approving the Law regarding datio in solutum, the Parliament intended to create a special form for an old institution – datio in solutum – especially by eliminating the necessity of obtaining the consent of the creditor for this mean of accomplishing through payment the obligations. The solution addopted produces some effects, which are unclear as being avoided through a general derogation from the Civil code, and could lea...

After the intensification of the banking credit activity in the latter part of the 2000s, the economic crisis, the devaluation of the national currency and the decline of the purchasing power, the consumers that were parts in the credit contracts initiated legal actions against the commercial banks.Although the national legislation came into force several years before, the disputes in the matter of the protection of the consumer law issu...

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 perspective brought by the new regulation on the institution of conventional representation of legal entities in civil proceedings is completely different, in line with the regulations found in other European countries. Despite a radical change of perspective, the judicial practice remained tributary to the jurisprudence developed under the old regulation, allowing legal entities to be represented by non – lawyer representatives, oth...

This paper presents the new rules regarding the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, as they are to be found in EU Regulation No 575/2013 and Directive 2013/36/EU, which define the legal frame of the new European Banking Union. The presentation takes into account the economical context which led to the European Banking Union’s project in the last three ...

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...