Articole din categoria: Numărul 4

Securitatea fizica în contextul Regulamentului privind protecţia datelor cu caracter personal
Numărul 4 Anul 2018
As of May 25, 2018, there have been numerous debates on the basis of Regulation (EU) 679/2016 on the protection of personal data („the Regulation”), focusing in particular on those personal data processing that are carried out in the context of the deployment business activities in departments such as HR, marketing, or sales.Very little has been said about data processing in the context of the implementation of physical security measures...
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Inovări şi reevaluări în privinţa drepturilor persoanei vizate în Regulamentul nr. 2016/679
Numărul 4 Anul 2018
The General Data Protection Regulation (GDPR) has led, through its entry into force, to concentrating energies for the study of privacy, in particular data protection, as fundamental human rights. The center of interest has been and is marked by the limits of sanctions, but these sanctions are aimed at failing to respect the rights of the data subject, as the natural person is the main subject of the Regulation. The interest in the novelty of ...
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Particularităţile contractelor bancare în privinţa adaptării clauzelor abuzive
Being the reflection of mixed operations, banking contracts involve a number of peculiarities. In the present study, we aimed to highlight the particularities of banking contracts, especially as regards the admissibility of court intervention to remedy the nullity of unfair terms in credit agreements.The court which has established the unfairness of a clause in a consumer credit agreement is required to remove it application by default. ...
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Controlul în materia garanţiilor financiare
Numărul 4 Anul 2018
Without intending to cover a complete presentation of the financial collateral and related legal issues arising from the entering into such agreements, we tried to make a short analyses of the aspects that, in our opinion, may trigger different interpretations in practice. From this perspective, we intend to review the legal concept of control, concept characteristic to financial collateral. Thus, considering that the institution of control is...
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Timpul de repaus – necesitatea formulării unei trimiteri preliminare la Curtea de Justiţie a Uniunii Europene
The decision to send a preliminary reference to the ECJ belongs to the national judge, if there is a doubt on the interpretation of a rule contained in an European Union act. The article argues on the need for a uniform interpretation by the ECJ on the provisions on daily rest of the Directive 2003/88/EU.The paper analyses the factual and legal situation in the context of preliminary reference principles on the necessity to send prelimi...
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The Ad-hoc Mandate. Legislative and Jurisprudential Aspects
Numărul 4 Anul 2017
As shown in the literature, preventing insolvency and, if possible, removing its incidence effects on the commercial activities is at least as important as the insolvency procedure itself. As a result, the ad-hoc mandate can help the debtors in financial difficulty to maintain their business until they manage to generate cash. Considering the importance of ad-hoc mandate as a way of saving those companies from insolvency, through this article...
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Intrarea debitorului în faliment – procedură, cazuri, efecte
Numărul 4 Anul 2017
Law no. 85/2014 on insolvency proceedings regulates, in addition to the judicial reorganization procedure, the bankruptcy procedure, which applies in cases expressly provided by law, being the final solution through which creditors can satisfy their claims. Keywords:
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Evoluţia istorică şi geografică a acţiunii colective
Numărul 4 Anul 2017
The class action had undergone an extremely sinuous and complicated historical evolution. With origins that go back to XIIth century Medieval English Law, it has been subjected countless times to reforms and reconfigurations in order to adapt it to the needs of a certain era. Initially build as an instrument for the strong and few in their fight with the many and weak, the class action had transformed into a useful and efficient instrument for...
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Obligaţiile profesionistului care decurg din loialitatea contractuală (II)
Numărul 4 Anul 2017
Our research aims to go forward with the legal analysis of the issue regarding the civil liability for professional malpractice, more precisely, identifying special coordinates on which this liability lies. If in the first part we have identified the main obligations of the professional, the second part is intended for special obligations. These kind of obligations are found about all categories of professionals and works as a genuine protect...
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Importanţa trimiterilor preliminare în materia protecţiei datelor cu caracter personal. Cauze semnificative şi experienţe româneşti
The preliminary ruling references made by Romanian courts or the refusal to make a reference are elements of the judicial relationship between the national courts and the Court of Justice of the European Union, according to art. 267 TFEU. The article analyses the reference for a preliminary ruling made by the Court of Appeal from Cluj (C-201/14, Bara and Others). The purpose of this article is to highlight the importance of applying and interpr...
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