Clasarea pentru lipsa vinovăţiei în cazul infracţiunii de fals în înscrisuri sub semnătură privată
Numărul 3 Anul 2021
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...
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Criptomonedele și tehnologiile aferente acestora
Numărul 3 Anul 2021
The study is dedicated to the presentation of digital currencies’ classification and essential terms related to cryptocurrencies and to technologies that powers them.
Keywords:
cryptocurrency, digital cu...
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Noţiuni introductive de marketing avocaţial
Numărul 3 Anul 2021
The lawyer can promote his services either implicitly, through the results of his work, or explicitly, by observing the normative regulations and using communication methods adapted to its clients. The purpose is a transparent communication and the retention and loyalty of those on whom the entire professional activity of the lawyer depends.
...
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Impactul MiFID II asupra pieţei de capital românești din perspectiva intermediarilor financiari
Numărul 3 Anul 2021
The international financial crisis in the 2008-2010 period has had significant consequences within the European Union member states. The spillover effects of the financial crisis were also based on the deficiencies in the stock market regulation. As a result, a new European Directive had to be adopted in order to correct the legislative gaps in an area characterized by high dynamism.The adoption of MiFID II in 2014 pursued a number of o...
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Dreptul de a petiţiona vs. abuzul de drept și frauda la lege în era digitalizării
Numărul 3 Anul 2021
This article focuses on the right to petition. The paper also analyses the limits of the petitioner’s rights, as well as the legal procedures that must be followed when citizens are acting in order to solve a personal issue related to public authorities.The public authorities have to adapt their internal procedures to the new challenges imposed by the technology, so that the relationship “citizen-public authority” become a win-win colla...
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Răspunderea juridică a inteligenţei artificiale în materia comerţului electronic
Numărul 3 Anul 2021
We speak of Artificial Intelligence with reference to the ability of a machine to reproduce typically human intellectual functions. In this particular field, enormous progress has been made in recent years, leading to the creation of more and more human-like-machine. This circumstances is not without legal consequences: how to behave in the event that an action of a machine equipped with Artificial Intelligence leads to the occurrence of a cri...
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Este viitorul dreptului internaţional transnaţional? Două ipoteze comerciale
Numărul 3 Anul 2021
We have been taught to assess international law as being the exclusive ’product’ of the nation-States. In the 21st century, international law became the ‘product’ of the private actors also. At least in the area of commercial life, the concept of ‘transnational law’ encourages such private actors to issue specific rules applicable beyond and not between the territories of the nations-States. The idea of legal pluralism nourishes the identity ...
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Consideraţii practice și teoretice privind recunoașterea unor hotărâri judecătorești pronunţate de o instanţă a unui stat membru al Uniunii Europene
Numărul 3 Anul 2021
The study aims to address an issue that is specifi cally related to the Romanian private international law, being borderline regulated by EU law regarding de jure recognition of judgements passed in another member state, and also the issue of acknowledging by means of a judicial procedure the inexistence of a case for the refusal to recognise such a judgement. To this end, the study offers possible remedies for the Romanian national judge to ...
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Cum scriu? Greu, dar și cu multă bucurie
Numărul 3 Anul 2020
I had the intuition that a jurist-researcher must inter- and trans-discipline and, therefore, I read books (…) of institutional history, social history, political philosophy, economy and sociology. (…) I started to merge the positivist discourse with the cultural one, marked by inter- and trans-disciplinarity and by conceptual analysis. This way I was trying to break with the empiricism which is specifical to descriptive commentary...
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Cum scriu o hotărâre?
Numărul 3 Anul 2020
Any judicial decision is a narrative, a story about finding the truth. The search for the truth is a difficult task, since the pieces of evidence, regarded as the signs that the facts have left, seldom tell us a unique and coherent story. The interpretation of the law is no easier task, either; from all the interpretation methods available, I choose the literal interpretation over the teleological one, as it saves me from the pitfalls of my own...
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