The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

The paper analyze the case of two joint stock companies, issuers of bonds listed on the AERO market administered by the Bucharest Stock Exchange, which entered insolvency in the last two years, a period calculated by reference to this study. Given that this market is a public one, we underline that the companies issuing bonds listed on the Bucharest Stock Exchange, which requested the court to open the insolvency procedure, with the consequenc...

The paper is based on a practical case and refers to the determination of the tax residence of individuals in situations of cross-border mobility. It is not a question of resolving a double/multiple residence conflict, but of establishing the state of residence for the purpose of determining the applicable double taxation convention, the rules for allocating the power to tax and the method of avoiding double taxation. Such situations are increa...

The concepts of „territoriality” and „extraterritoriality” are considered by scholars as being key-concepts of the transnational law. This article aims to point out how the relationship between the elements of this sui generis couple (territoriality and extraterritoriality, my note) works. The said couple and its way of functioning once were among the most debated issues in the area of international law and conflict of laws altogether, and the ...

State aid is considered an anti-competitive practice requiring legislative intervention and sanctioning according to Article 107 of the Treaty on the Functioning of the European Union. This paper details the exceptions and conditions under which state aid may be considered compatible with the internal market, as well as the role of national and European authorities in evaluating them.Within a case analysis, the authors explore Decision (...

Technological evolution has brought significant changes to the consumer credit market, both with reference to supply and demand, as well as innovative credit products, especially in the online environment, the evolution of consumer behaviour and preferences, with reference to cross-border credits. The new context generated legal uncertainty for consumers regarding the application of the provisions of Directive (EC) 2008/48, and therefore it wa...

The middle path is neither the fastest nor the most well-trodden. In modern times, are highly sought after the shortcuts and the most efficient means of achieving results with minimal effort. These aspirations are present in a multitude of fields and are also common among those striving to master the art of oratory. However, between the stage of a novice and that of a master lies a period of accumulation and practice, which, despite ...

This article aims to analyze especially the correlation between the final thesis of art. 1539 Civil Code and the provisions of art. 13. At first sight, it could be argued that in this situation silence is equivalent to consent, claiming that the creditor waives the right to request the penal clause or that through the text of the law in question the legislator instituted a legal obligation on his part in the sense of he does not remain passive...

In the process of persuasion reasoning and emotions are particularly emphasized in order to apply some techniques designed to attract the judge’s attention and convince him of the legitimacy of the thesis. However, the judge’s requirement is much simpler and was expressed bluntly by the dictum enshrined in Roman law: „Da mihi factum, dabo tibi jus” („Give me the facts and I will give you the legal solution”). Even though the diligent...