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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Funcţia de garanţie a contractului de factoring
Numărul 3 Anul 2021
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...
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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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Cum scriu
Numărul 3 Anul 2020
For the most part, added value comes from a new perspective, most often identifiable in other systems of law or even in other fi elds of study. However much we might wish otherwise, it is exceptionally rare that we can claim paternity over a question of law. Almost always, in its substance, the researched problem will have been formulated before, perhaps in other words, in other times, in a different place or with a different starting point. C...
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„(În dragoste) totul s-a cam scris/ Și de mână și de tipar”
Numărul 3 Anul 2020
„… I mostly rewrite. Unlike in high school or during law school, when it was a sacrilege to cut even a single word I had written, now I am merciless in eliminating pages, if they don’t fi t the message I wish to send. (I notice that the LLM students have the same problem: they do not wish to cut certain parts of their thesis if I suggest them to do so). I often replace words, phrases, paragraphs, pages.”
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