Currently, deregistration from the land registry of the protective measure regarding seizure raises many problems in practice, mainly due to the lack of conformity of the applicable legislation (Law No. 7/1996, Criminal Procedure Code and National Agency for Cadastre and Land Registration Order No. 700/2014).The legislator does not regulate clearly enough the de jure termination of seizure as a protective measure, the documents related t...

The concern of the European and national legislators for consumer protection is due to the fragile position it occupies in a credit agreement. The role of the CJEU is to establish a unitary standard for the interpretation of the provisions of Directive no 1993/13/EEC on unfair terms in consumer contracts, applicable in all Member States, but it is for the national courts to verify whether a clause contrary to the requirement of good faith, cau...

Artist’s social condition has known a difficult and therefore slow evolution. The artist has gained appreciation throughout time, being altogether subject to both admiration, adulation, and – even if occasionally – to public criticism; yet, irrespective of the stands taken and of the intense international public debate, its professional status remained until now uncertain. Most of the national laws do not regulate the artist’s status, which im...

The article considers elements of consent, as they are regulated by art. 6 of Regulation (EU) 2016/679 on the person who has given his/her consent in regards to the processing of his/her personal data for one or more specific purposes. Issues regarding the transition from the old to the new legislation such as the processing of private data that has been obtained before the Regulation was enforced have also been taken into consideration. ...

Both in internal and cross-border insolvency proceedings, the avoidance of certain transactions concluded by the debtor and a third party, prejudicial to the interests of creditors, plays an important role in practice. Until now, at the level of the European Union, uniform rules have been instituted only as regards jurisdiction and applicable law in cross border insolvency proceedings, which aims to ensure stability and coherence and to reduce...

The interaction between the mechanisms that build the architecture of the credit consumer protection system (consumer insolvency, datio in solutum, and alternative dispute resolution for consumer disputes, for now) generates problems of normative convergence and competition, in what concerns consumer’s access to the procedure, and especially to the benefit of residual debt discharge, an essential point for the effectiveness of the instruments...

The study analyzes the European Central Bank’s monetary policy named “quantitative easing” (Quantitative Easing), whose objective is to reduce the danger of deflation that threatens for long the eurozone in terms of impact on the financial stability of Romania.

The study analyzes the relocation of the relationship bank – consumer following the recent legislative initiatives regarding the protection of the credit consumer and discusses the convergence or the competition of these new normative solutions, concluding that they have to be promoted with professionalism and responsibility, taking into account the economic and legal impact.

The study analyzes the new institution of datio in solutum of the immovable properties in order to settle the obligations through loans, in terms of its legal nature, seeking to know whether it can be placed into a pattern already known from the theory of civil obligations or if it exceeds these patterns. Datio in solutum of Law. 77/2016 is compared with the datio in solutum of the Civil Code, with the objective novation by change of ...

The study analyzes the new legal instrument of datio in solutum in terms of the extent to which it subsumes the regulatory framework existing in the matter of mortgages, on taking over the mortgaged movable good on the receivable account, presenting “in mirror” this similar mechanism and convergence, respectively divergence between the two institutions.