The authors of the study review one of the novel solutions implemented by the new Civil Code of Romania in the area of contractual obligations, namely the regulation of the unusual clauses. These are defined as a species of standard clauses and may be viewed in general as clauses which purport to alter the balance of the obligations of the parties resulting from the statutory regulation of contracts for the benefit of the party which proposes...

The objective of Dzodzi doctrine is to forestall future divergent interpretations of a provision of Union law in cases where the national law has adopted the same solution for the purely internal as for the cross-border situations. The first of the objections raised by Advocate General Cruz Villalón is that in cases where Dzodzi doctrine applies, Kleinwort Benson doctrine must simultaneously be applicable.

Open data is a hot topic in European Union in the past few years that raises a series of legal issues from different perspectives: copyright and related rights, personal data protection or re-use of public information. We are writing this article with the aim to overview the main legal problems related to open data from a Romanian legislation point of view, as well as a presentation of the relevant public policies on the topic, in order to bet...

The judge has the power to revise the amount of what is provided for in a penalty clause, in the case where this amount is “manifestly excessive” (art. 1541 Romanian Civil Code). In the legal system French we speak of a “manifestly excessive or derisory amount” (art. 1152 C. civ. français).So it is not only a question of allowing the judge to reduce a penalty, but also of increase it. However, as in other foreign systems, it is necessar...

The right of any person to invoke the illegality of an administrative or fiscal act is clearly stipulated in art. 4 parag. 1 of Law no. 554/2004. However, some authors and, moreover, the Romanian High Court of Cassation and Justice have imposed a series of admissibility conditions in order for this right to be allowed. Some consider that the illegality of such acts can only be accepted as a defence when invoked within the one year term, stipu...

With regard to the law applicable to the legal person, the new Civil Code sets out a new regulation, partly taking over the former dispositions of Law no. 105/1992 establishing a regulatory framework for private international law relations. Thus, Section 2 – in Book VII of the new Civil Code, Dispositions of private international law, in the special part on the Conflict of Laws, Chapter I Persons – deals with the law applicable to legal ...

Along with the coming into force of the Rome Convention in Romania, the practitioner was confronted with the issue of determining the law applicable in international contractual relations, and was unwillingly transformed in a sort of a political buffoon, puzzled by the importance of the revision, but still a patriot resisting globalization. The emergence of the Rome Convention in Romanian positive law generated a pro-active reaction for the pr...

The regulatory framework on European structural and cohesion funds still raises many controversies from the standpoint of the practical applicability at a national level.There was created, within the application of the regulatory framework on European structural and cohesion funds, a new structure at an inter-institutional level, which doubled the functions and competences of the existing institutions in the system of pre-accession funds....

The purpose of this paper is to determine the scope of art. 15 letter j) of Law no. 146/1997 on the judicial stamp duty, more precisely the persons exempted from this duty. We shall demonstrate that the previously described actions are exempted from the judicial stamp duty.

The present article is the first installment of a third part discussion related to the electronic bill of lading. In the present article the author introduce the historical evolution of the bill of lading, respectively its transformation in the electronic bill of lading. The author also discusses the reasons why the electronic format of the bill of lading din not become the leading instrument used in transportation matters, in spite of the ob...