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...

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...

The Civil Code took over the „undertaking” concept, a specific feature of the Commercial Law, and extended its application to the activities of any „professional”, without taking into consideration the lucrative or non-lucrative nature of these activities; unfortunately, neither of these two concepts do not enjoy an extensive regulation under the Romanian law, their legal outline being construed, mainly, through doctrine and case law. Under the...

The concept of „undertaking” is used in several branches of law, but in each of these branches of law the notion of „enterprise” has a different meaning. This paper aims to summarize the definitions and characteristic features of the „enterprise” in the meaning of civil law, competition law and fiscal law, and to present the relevance of these definitions to the respective branches of law.

This paper is addressing the thesis of the existence of a named management contract, having its own physiognomy and legal regime. This legal concept is analyzed both from the perspective of the special provisions of the Law no. 31/1990 – the law of companies, as well as of the new provisions of Civil Code, especially regarding the administration of the goods of another.Arguments supporting the authors’ conclusion that the management con...

This article continues the series and proposes a brief analysis of the substantive and form conditions of the trust contract. If, as far as the substantive conditions are concerned, the legal text does not intend to innovate, the legal text is more than innovative in terms of form and formalities required for enforceability against the third parties. Without any claims of exhaustion of these aspects, the second part of this article is an essay...

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...

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:

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...

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...