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...

The employment contract defines one’s own identity also through the appeal to the duration of the conventional relationship, which, in the typical form, remains undefined because the worker’s stability is subsumed as a priority to the protective purpose that underpins the labor legislation. The time factor involves the intersection with external events or arising from the will of the parties, which affect the employment relationship, leading to...

The arbitrability of the corporate litigations is, in principle, possible, especially after passing the new Civil Procedure Code (Article 542), which eliminated the condition of the pecuniary nature of the dispute. Norm of Article 63 of Companies Law no. 31/1990 does not establish an exclusive competence of the courts of law but a material and territorial one within their general competence. In addition, Article 132 paragraph (2) and following ...

Cross-border business needs conceptualization. One of the Schools of Transnational Commercial Law that responded to this need constitutes the object of this academic analysis. The international harmonization of commercial law is closely related to the ideas spread by the school under discussion. International instruments of harmonization are plural and diverse in nature, as are the academic approaches to these instruments. This article fully ...

Correspondence has a central place regardless of the field in which we carry out our professional activity. Being a means of written communication, it must obey some generally known rules. Additionally, however, business correspondence is characterised by specific elements whose knowledge and application can make the difference between success and failure. We will dwell on them in the present material.

The right of the shareholders to withdraw from a joint stock company, in the event of a decision of the general meeting of the shareholders activating the procedure regulated by art. 134 of the Law no. 31/1990, with the consequence that the shareholder who disagreed with such a decision has received from the company the value of the shares in possession, at a value determined by an expert according to the legal procedure, is not conditional upo...

This text is the result of the reviews of the following publications: Stewart Macaulay, Non-Contractual Relations in Business: A Preliminary Study, American Sociological Review, vol. 28, nr. 1, 1963; Stewart Macaulay, The Impact of Contract Law on the Economy: Less Than Meets the Eye?, Conference on Law and Modernization, Peru, 1994; Stewart Macaulay, The Real and the Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge fo...

The statement of reasons within the administrative tax decisions issued upon the conclusion of a tax audit, but also in the administrative procedure of reviewing the tax appeals continues to represent an aspiration. This paper is an essay to highlight that the achievement of an appropriate state of reasons in the field of the administrative tax decisions needs both legislative interventions, consisting especially in the amendment of the secon...

Hardly made public, the legislative measures during the COVID 19 pandemic that changed the course of tax prescriptions have significant implications for thetaxpayer, the one who benefits from the effects of the prescription. Thus, the fiscal prescription, having the nature of an extinctive prescription, releases the taxpayer from the fiscal responsibility. Following the measures we will talk about in this article, the release does not com...