The compensation institution of mutual receivables and payables of the creditor and debtor has regulators, both in the Insolvency Law and in Common Law. However, in the operational practice of this legal institution of extinction of obligations, during the insolvency procedure, we notice that the insolvency practitioners are avoiding this operation, as well as the syndic judges are reluctant when rulling over compensation.Men...

In Romania, an important institution that created emulation in organizing and developing the commercial relation was and still is the Chamber of Commerce and Industry, with roots in the mid-nineteenth century. This entity had a major role in the economy of Romania, for almost a century (1864-1945). Nevertheless, the history and the beneficial role of the Chamber of Commerce and Industry to the development of the modern Romania in over 80 year...

The author of this article details one of newly-regulated institutions under the New Civil Procedure Code of Romania in the matter of ensuring a unitary case law, namely the motion to rule in principle on certain legal matters, filed to the High Court of Cassation and Justice, by which certain courts of law may request the highest court to issue a preliminary ruling on a newly-emerged legal issue that was referred to them. Other procedural mea...

The article investigates legal controversies arisen in practice regarding the status of creditors who benefit from a mortgage on the banking account of the debtor, when in concurrence with other creditors who aim to recover their receivables from the same person. With a special view at forced execution and insolvency procedures, the authors provide an analysis of the different approaches used by bank-account mortgagees in order to justify their...

The Civil Code of 1864 assigned one Article to the error – vice of consent, hence, the majority of the issues and considerations related to the error being built and debated at a doctrinal level. The new Civil code has another approach. The regulation of error is more abudant, i.e. seven Articles insted of one Article, some of the regulated issues being the ones already debated at doctrinal level under the Civil Code of 1864, e.g. error of la...

This study aims to examine the current state of national regulations on insider information, as well as their legal status. The highly technical nature of this study compels us to explain and analyze, at the same time, some key concepts for understanding the subject.Without trying to fully investigate the subject matter, the paper starts with an overview of the American background which created for the first time the need to regulate the ...

The present study primarily establishes a meta-textual framework concerning the public-private partnership, emphasizing in a comparative manner the definitions offered by the international doctrine and the relevant public entities.Moreover, in order to better describe the singular character of this type of collaboration, we shall schematically present its generic features in regard to the different applications that appear in contractual...

European competition law refers to the activities of undertakings. Although the treaty does not define the concept of an undertaking, the European Court of Justice has consistently held that any entity engaged in an economic activity, irrespective of its legal form and the way in which it is financed, must be categorised as an undertaking.Any activity consisting in offering goods or services on a given market is an economic activity. Acc...

The emergency ordinance nr. 50/2010, approved with amendments by the Law nr. 288/ 2010, transposes into domestic law the Directive 2008/48/EC of the European Parliament and of the European Council from the 23rd of April 2008 on consumer credit agreement and on abrogation of the Directive 87/202/CEE of the Council.The new European Directive imposed a complete harmonization so that the Romanian legislator had a small margin of freedom in re...

“Mediation represents a way of resolving disputes amicably, with the assistance of a third party specialized as a mediator, in terms of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation is based on the trust that the parties give to the mediator, as a person fit to facilitate their negotiations and to support them in order to resolve the dispute, by reaching a mutually acceptable, effective and last...