Articole din categoria: Numărul 3

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
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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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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Să scrii ca un jurist
Numărul 3 Anul 2020
I am interested in how jurists should write as jurists, and not as jurists performing a legal or judicial profession. Thus, in this article I shall present my own working method, which I try to use every time I stand in front of a blank page asking for its doctrinal legal text.
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Răspunsul meu la întrebarea „Cum scrieţi?” Scriu din pasiune!
Valuable writing is and remains the objectivation of creative thinking, which works and is fruitful only at a high temperature of intellectual involvement of the author.Therefore, valuable ideas, which do not join the play of creative passion, in many cases are simply freezed and remain so.
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Cum scriu
Numărul 3 Anul 2020
I learned that memorials and legal opinions must follow the logic of a rigorous syllogism: major premise – minor premise – conclusion. Plus the obsessive concern for systematisation, the attention to the forest before concern for trees, the right separation of levels and perspectives and, above all, the supreme rule: as many details in as few words.
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