Opinia disidentă în spaţiul juridic românesc
Numărul 3 Anul 2023
This article depicts a brief analysis of the main aspects of dissenting opinions in the Romanian judicial realms. The research focuses on addressing the dissenting opinion’s definition, the forms under which it can be identified in the national legislation, the causes that generate it, for and against arguments and last but not least, the means for expressing it.
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Dreptul la Internet și dreptul la viaţa digitală
Numărul 3 Anul 2022
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...
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Distincţia dintre noţiunile eveniment, incident de securitate și încălcare a securităţii datelor cu caracter personal, utilizate de standardul ISO 27001 și de Regulamentul General privind Protecţia Datelor
Numărul 3 Anul 2022
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....
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Propunerea de Regulament privind pieţele criptoactivelor și de modificare a Directivei (UE) 2019/1937
Numărul 3 Anul 2022
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.
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Arta de a avea întotdeauna dreptate
Numărul 3 Anul 2022
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...
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Răspunderea vânzătorului unui pachet majoritar de acţiuni pentru „viciile” societăţii vândute
Numărul 3 Anul 2022
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...
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Societăţi pe acţiuni. Natura procedurii judiciare de întocmire a unui raport suplimentar privind unele operaţiuni reclamate de acţionari
Numărul 3 Anul 2022
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.
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Societăţi pe acţiuni. Completarea ordinii de zi a unei ședinţe a adunării generale a acţionarilor deja convocate. Apărarea drepturilor corporatiste prin mijloace de drept administrativ
Numărul 3 Anul 2022
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 ...
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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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