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.

In the hereby article we sought to provide a prima facie comparative analysis over the institutions involved in the concept of datio in solutum as envisaged by the Law no. 77/2016, its possible judicial and economical effects and the possibility of undergoing a constitutional review.We started with short analysis over the main institutions relevant for the above mention law as they are provided by the Civil Code, such as, datio in solutu...

The study analyzes the recent legal act regarding the consumer protection in relation to professionals, with particular application to the relationship bank – consumer and to the efficiency of the and alternative dispute resolution mechanism between them in terms of its aptitude to be an effective remedy for the consumer credit indebtedness. ...

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 fierceness in supporting the adoption of a law whose application will result in the destruction of Romanian citizens open a chapter related to the reasons that support such an initiative given that, in addition to delicate social issues, one can observe interests that cannot be attached to the protection of fundamental rights and cannot be explained via EU legislation and the jurisprudence of the European Court of Justice.The seriou...

The National Agency for Cadastre and Land Registration (ANCPI), through its territorial offices and agencies, has the legal obligation to offer its services free of charge to insolvent companies, according to the specific legal regulations in force which are indicated in this study. The main arguments are based on the speciality rules, the chronologic principle of adopting legal acts, as well as the principle of hierarchy and legal force of ju...

Various categories of capital premiums (issue premiums, merger premiums, etc.) are elements known by those working with companies’ law, either in theory or in practice. However, there is no single approach with respect to the concept, which would take into account all the types of capital premiums. Similarly, with a few exceptions, there is no theoretical study with respect to the various problems recently occurred in practice with respect to...

International double taxation is an excessive fiscal requirement on the taxpayer income and assets, representing a barrier to the movement of capital and to processes for enhancing cooperation between countries and enhancing economic and financial relations between them. For this reason states are concerned with finding solutions to avoid it, tax conventions whose provisions include the principles, criteria, methods and procedures that will en...