Contractele de administrare a coproprietăţii
Numărul 6 Anul 2023
The condominium management agreement is a newly introduced institution in the Romanian Civil Code, which allows for the carving out and rearrangement of the operating principles of a shares-based ownership. Starting from a functional analysis of indivision, the paper aims to explore the uncharted and little-researched terrain of the condominium management contract, establishing theoretical foundations and offering practical solutions.
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Consecinţe ale principiului interesului superior al copilului asupra monitorizării și supravegherii cu mijloace electronice ale acestora
Numărul 6 Anul 2023
One of the subjects that are specifically protected by the General Data Protection Regulation is the child. The GDPR requires specific protection for children, their data and specific risks to their rights and freedoms. However, one of the most important actions to limit their privacy, carried out in a systemic and global manner with the emergence of technology, is their electronic monitoring and surveillance by parents or those exercising gu...
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Situaţia finanţării societăţilor aflate în dificultate
Numărul 6 Anul 2023
Through this article, the author aim to highlight the impact of a new european legislation, the Proposal for a Regulation of the European Parliament and of the Council on combating late payment in commercial transactions, and the consequences on the romanian provisions regarding supplier credit. The debate on this subject is delicate because, according to a Study of the Romanian National Bank, in Romania, the supplier credit is very common for...
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Probleme ale valorificării ipotecilor pe bunuri mobile (stocuri și creanţe) în procedura insolvenţei
Numărul 6 Anul 2023
During the insolvency proceedings, some security interests display features that are not specific to their usual functioning under the law of obligations. The foremost cause of this deviation is that the insolvency proceedings are not enforcement proceedings, ipso facto. Whenever the continuation of the debtor’s business as usual is deemed to be valuable, especially before or during the reorganization proceedings, many of the security ...
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Cum să te faci ascultat
Numărul 6 Anul 2023
The main challenge of any public speaker is to capture the audience’s attention. Listening to the speaker means both the audience’s commitment to the full reception of the message and the encouragement of the speaker, who thus receives the certainty of reaching his set goal. Naturally, all of this presupposes certain efforts on the part of the speaker, who must understand the difference between hearing and listening, the force of silence, the ...
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Ghostwriting-ul în contextul transformării digitale globale
Numărul 6 Anul 2023
The practice of „ghostwriting” involves an author of a literary, artistic, or scientific work agreeing to give credit for his/her creation to another person in exchange for payment, with the result that his/her work is published under the latter’s name. Ghostwriting is increasingly used in various fields, becoming an effective solution for those in need (of a „writer”) and a profession or even an entrepreneurial endeavor for ...
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Platformele digitale – o nouă arhitectură a întreprinderii (II)
Numărul 6 Anul 2023
Viewed from the perspective of an enterprise, digital platforms reinterpret elements found in a traditional company. This change is driven by the presence of network effects that provide connectivity between platform users, thus generating value for participants. At the same time, through network effects users are included in the ecosystem managed by the platform.Although differences can be identified depending on the specific category o...
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(R)e-concepţii privind statutul celebrităţii și al drepturilor personalităţii
Numărul 6 Anul 2023
The present paper aims, in the context of the new business model of „monetization” of online attention, to open the discussion regarding the current status of rights traditionally associated with personality and private life, such as the right to name, image, voice or likeness. We have an advantageous starting point and, at the same time, a first legal argument in the conceptual model of the American right of publicity, representing the right ...
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Drepturile asociatului minoritar într-o societate cu răspundere limitată
Numărul 6 Anul 2023
As mixed companies, limited liability partnerships were designed to operate on the principle of unanimity in adopting decisions in the general assembly of partners.It gave the minority partner the right of veto, that means the right to oppose any major decisions, subsumed under the broad concept of „amendments of the articles of association”. This principle was abandoned first in fact, through the practice of the trade registry and then ...
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Conflictul diagonal de legi – un conflict de conflicte de legi
Numărul 6 Anul 2023
The public law character of the concept of conflict of laws encourages us to contemplate, even in a preliminary way, the manner in which the said concept is evolving within the European Union and – why not? – beyond. This time, the Courage case – a particular competition law dispute decided by the European Court of Justice – provides the opportunity to identify the so-called „diagonal conflict of laws” within the European Union and t...
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