In order to determine the existence of the favor contractus principle in the Romanian civil law, we deem it useful to analyze the legal provisions applicable to the contract in order to establish to what extent it can be held that an intention of the Romanian law maker in the sense of favoring the contract exists. In the present study, we analyze the existence of such provisions among the provisions regulating the seller’s guarantee w...

The regulations analyzed in this study have as common note their density of the one part, as well as the terminologic inconsistency and lack of substance on the other side. Although they are partly in harmony with the European regulations, in those areas where the state had the possibility to take stricter measures, it did: the example of the export regime determined by the classification of goods in the national heritage. These restrictions ...

The paper analyzes the jurisprudential recognition of good faith in corporate governance, initially as a condition of the business judgement rule and subsequently as a component of the duty of loyalty. The objective of this paper is not to identify the contours of this duty, rather it will examine different interpretation methods, the most relevant being the identification of good faith as a distinct and selfstanding fiduciary duty in 1995, and...

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...

Immediate effect of the opening of insolvency proceedings, the suspension of any action against the debtor is imperatively imposed by the law, and stops them at the stage in which they were, including during forced execution. Keywords:

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...