Both blockchain technology and the accelerated adoption of virtual currencies or other cryptoassets generates controversies in the legal field and various problems related to understanding new types of criminal conduct. In this context, the misappropriation of virtual currencies or other crypto-assets has a particular level of complexity. Depending on the modus operandi of the perpetrator, either a traditional offence (theft, fraud, b...

The Internet is the new living environment of homo ciberneticus. The digital vocation belongs to all individuals born after the advent of the Internet. These digital natives are born with the right to a specifi c life, developed both in physical and online environment. For them, life cannot have a separate dimension from the Internet. From this perspective, the question arises whether the right to the Internet and the right to digital...

The application of the GDPR by personal data controllers encounters difficulties in understanding some terms. Among these terms is the term “security incident”, often confused with the term homologous to either the ISO 27001 standard or the NIS Directive. The material highlights that the notion of security incident in the GDPR must be interpreted in a legal sense. It implies the existence of a breach of the right to protection of personal data....

The article is dedicated to the examination from a theoretical and normativeperspective of the Proposal for a EU Regulation on Markets in Crypto-assets, and amending Directive (EU) 2019/1937 („MiCA Regulation”). MiCA Regulation will replace existing European Union Member States’ legislation applicable to cryptoassets, which are not covered by the EU existing legislation on financial services.

Winning argumentative duels has always fascinated, being a topic that has preoccupied even classical thinkers, accustomed to rummaging in the depths of the mind to understand the world and its meaning. With or without the contribution of honesty, the argument can be understood as a game in which the fiercest of us are only interested in the laurels of victory. Sometimes, in order to obtain them, they will have to give up principles or the very...

Although they are intangible assets, the shares of a company bear defects (hidden). The seller of a stock is responsible for the value of the issuing company when, after the sale, it is reduced as a result of events prior to sale that the buyer could not find out of the public registers (financial statements, registers, etc.) or after performing a due diligence. This is the correct legal qualification, not the eviction, not the vices of consen...

The procedure by which the right of informing the significant shareholders, by which the drawing up of a supplementary report, is used is a special procedure, regulated by Law no. 297/2004 and Law no. 24/2017, which is completed with the provisions of the contentious procedure contained in the Code of Civil Procedure.

Violation of corporate rights derived from the capacity of a shareholder can also be sanctioned through administrative law instruments by the Financial Supervision Authority.On the other hand, the vote expressed against the adoption of a decision of the board of directors with the potential to violate the rights derived from the capacity of a shareholder is a manifestation of the will of the natural person – administrator – to exonerate ...

The popularity of the factoring means that the atypical contract can no longer be called just a marginal financial service, but a significant element of the short-term financing instruments.It can be compared to several types of regulated contracts or can be considered as related legal institution: sale, lending, forfeting, but first of all, it’s separation from the debt assignment agreements is the most relevant.The factoring cont...

Whenever a prosecutor decides not to prosecute an offence on the reason that it has not been committed with the guilt specifi ed by law, the judicial body should carefully examine the author’s subjective position and the factual elements on which this position is construed. In this article I will discuss the merits of such a solution in a case of a crime of falsifying private documents, from a real-life caselaw, in which both the prosecutor a...