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 ...

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 ...

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...

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...

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. ...

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...

The contract becomes a group work, reflecting the agreement reached by theparties. Sometimes this compromise, as well as the hurry in the negotiation of some provision before signing, result in imperfect formulations, whose future interpretation might trigger potential disputes. But these situations are specific to the dynamics of the transactions, in which, many times, the pressure to reach an agreement, after many tens of hours of neg...

The texts I write (and, in general, the texts that are written in law) are of two kinds: “negotiable” texts and texts “of adhesion”. (…) The texts written for “negotiation” have a different content from that which would have resulted if those texts had been written “for adhesion”. (…) Whoever the reader is, I examine the result of the agreement I propose to reach in terms of “degree of consensus”, not in terms of “assenting to an op...

The addressees of what I write, the information about them, about their expectations are decisive. The language, the tone, the modality of expressing the information depend all upon the addressees, more precisely upon what I know or I think I know about them. Keywords:...