The franchise has specific characteristics within the various trading systems, which triggers the need to modulate the legal regime applicable to franchise agreements from the perspective of the enforcement of competition legislation, which can be seen in a number of ways. First, the observance of the price recommended by the franchisor may be the mere expression of a reasonable commercial conduct of franchisees, of the requirement to ensure a...

As a rule, according to Article 533 of the New Code of civil procedure, ”making of a arbitration convention precludes, for the case, the competence of the courts of law”.Nevertheless, according to Article 554(2)(b) of the New Code of civil procedure, ”the court of law shall retain competence when … (b) the arbitration convention is null and void or ineffective”, and also under other specific provisions, the effects of the arbitrat...

Traps are formal, deliberately wrong elements, that certain authors use in order to detect a possibly unauthorized reproduction of their work, the occurrence of such an error in two or more works being likely to cause a simple presumption of illegal copying. The fundamental role of traps comes within the scope of evidence, in a potential claim form covering the liability in tort of the author of such an illegal act.The paper discusses t...

Along with the entry into force of the new Civil Procedure Code, the regularization procedure of the statement of claim and the preliminary procedure of mediation, that were optional under the previous regulation, became mandatory with several circumstantiation. A brief analysis of the new regulation is highly necessary.Within this study, many questions to be asked in the near future by both law practitioners and litigants are risen and...

This article analyzes the effects produced by the generalization of the appeal in the context of the provisions of the New Code of Civil Procedure. Providing the litigants in a civil action, including the professionals, with the possibility of filing an appeal clearly brings up certain advantages: the possibility to invoke any grounds of illegality and groundlessness, the check of all grounds of fact and of law, the administration of new eviden...

This study aims to analyze, through the eyes of a practitioner of law, the mechanism and the legal effects of the debt assumption, regulated for the first time expressly by the Romanian Civil code. Some of the particular objectives of this study are to identify the practical issues which may arise due to the interpretable and/or incomplete provisions and, correlatively, to propose possible solutions and/or approaches aimed to prevent the dama...

The right to decide the opening of the insolvency procedure, the choice of procedure, simplified or general, the designation of the representative responsible for introducing the application and the insolvency practitioner to be mentioned in this application, including the special administrator and the possibility that can safeguard the debtor company by implementing of a judicial reorganization plan are the prerogatives of the management bodi...

The paper outlines some changes made by the legislature within the Fiscal Code as a consequence of repealing the 1864 Civil Code and the 1888 Commercial Code and the coming into force of the new monistic Civil Code. The author considers that these recent changes in the Fiscal Code will influence the conduct of the parties to legal relations in the sense that they will attempt a qualification of the juridical nature of the concluded contract, ...

The paper approaches the letter of bank guarantee focusing on its status of bank credit instrument, arguing that it should be qualified as a species of bank loan and analysing the consequences of such qualification, given the absence from the new Romanian Civil code of a general regulation of bank loans and knowing that the regulation provided by the new Romanian Civil code to the letter of bank guarantee as an autonomous personal guarantee d...

The present article is the second installment of the third part discussion related to the electronic bill of lading. In the present article the author surveys the relevant international efforts related to the introduction of the electronic bill of lading, and provides a useful intellectual map of the ideas behind these efforts. The article is of interest for lawyers involved in transportation matters, but also for lawyers and academics interes...