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...

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 ...

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 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...

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...