This article aims to reassess the practice of forum-shopping in transnational cartel damages actions, which has been consistently criticized by EU bodies. In the view of EU bodies, the heterogeneity of the national rules governing actions for damages affects the substantive effectiveness of the right to compensation that derive from the TFEU. Such an attitude stems more from rhetoric of prejudice than from an objective consideration of forum s...

International arbitration developed at the crossroads between civil law and Anglo-Saxon legal traditions. The necessity of finding common instrumentalities to resolve international disputes inevitably led to hybrid procedures, most of which borrowed elements from these two legal families but developed with an identity of their own. Simplification lies at the heart of this process. First, arbitration as a creature of consent is molded to match ...

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 Court of Justice of the European Union held on a request for a preliminary ruling (Kásler v OTP Jelzálogbank Zrt, C-26/13, 30 April 2014) concerning the allegedly unfair contractual term relating to the exchange rate applicable to repayments of a loan denominated in a foreign currency. This paper gives further explanations for the answers of the Court and analyses the relevance of these answers for the Romanian consumer of CHF de...

Germany’s Federal Court of Justice issued on 13 May 2014 two decisions (XI ZR 405/12 and XI ZR 170/13) stating that contractual term regarding the processing fee in consumer loans is unfair and thus ineffective. This paper briefly explains the reasons for the Court’s decisions, which may be of certain importance for the on-going debates among Romanian scholars. ...

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 ...