The Romanian National Council for Solving Complaints confirms that the mere submission of an e-mail without any identifi cation data does not account for a conclusive proof to justify an abnormally low tender. In a similar vein, a mere sworn statement from the bidder mentioning a discount received from the producer without any other proof should be disregarded by the contracting entity.Furthermore, if the producer in question even express...

This study is dedicated to the examination from a normative, theoretical and practical perspective, of the cumulative voting method, method for electing the members of the management and supervision bodies of joint stock companies whose securities are traded on regulated markets, method initially established by GEO no. 28/2002 on securities, financial investment services and regulated markets and by Law no. 297/2004 on the capital market (LPC...

A contracting authority has the freedom to externalise the provision of a service or the provide it internally by using their own resources in order to pursue public policy objectives. However, when doing so a contracting autority must comply with the free movement of goods, the freedom of establisment and the freedom to provide services as regulated by TFUE as well as the principles deriving therefrom, such as equal treatment, non-discrimina...

The purpose of this study is to prospect and evaluate the possible legal implications and effects on the activity of joint stock companies and limited partnerships on shares that have issued shares to the bearer, according to the Companies Law no. 31/1990, after the provisions of Law no. 129/2019 enter into force, with special reference to the transitional provisions established by art. 61 of that law. ...

The request for the termination of the abusive clauses in the credit agreements is imprescriptible, being subject to the regime of absolute nullity, since it penalizes violation of norms of public order. The application for the restitution of benefits provided under the canceled clauses, whether it is formulated together or separately from the main application, has a distinct prescriptible regime. As the object of the requested benefits is rep...

Alteration of a company’s the charter can be implicit or explicit. When the alteration is explicit, it refers to the functioning of the company, to clauses that regulate the corporate life. Only in this case must the legal provisions regarding the alteration of the charter be respected, starting with the quorum and majority conditions of the general meeting, passing through the transparency procedure of the amending text, in order to inform t...

Art. 2030 paragraph (2) of the Romanian Civil Code, meant to confer greater protection to the parties of the agency contract, in the specific cases set by the legislator, does not require the continuation of the contract against the will of one of the contracting parties / of their heirs’, but merely the possibility to claim damages in order to repair the damages caused by the unilateral denunciation of the contract.

The subject of the direct action under the guarantee is a delicate and novelty in Romanian judicial practice, although the subject has been approached in the private legal space. The new Civil Code has brought an element of novelty by regulating the direct action under warranty for eviction, but not the direct action under guarantee for hidden defects. We have not yet been able to identify the reasoning behind this approach. This is why, in t...

If an economic concentration is created by the merger or acquisition of movable assets and the turnover of the companies involved exceeds the threshold provided by law, it is necessary that this concentration be notified to the Competition Council.The Competition Council will verify the way in which this concentration affects the geographic market and the product market, being extremely important the benefits that it can bring for collab...

The situation of the minor child from previous marriages generates confusion regarding the persons who are entitled to the personal deduction when the parent the child lives with remarries.This confusion is generated by a difference of vision between the provisions of the Methodological Norms for the application of the Tax Code, on the one hand, and the provisions of the Tax Code and the Civil Code, on the other.This study is an a...