The restructuring law (Law. no. 216/2022 for the transposition of the Directive (EU) 2019/1023 on restructuring and insolvency into the Romanian legal system) entered into force on July 17th, 2022. The new law amends Law no. 85/2014 regarding preventive insolvency proceedings and insolvency proceedings as following: (i) the new law revoke ad-hoc mandate proceeding and proposes a new proceeding – the restructuring agreement and (ii) modifies the...

It is a truism that, as a rule, economic crises (and not only) have a certain cyclicality, relatively easy to detect. Trying to capitalize on the “calm before the storm”, the European Legislator has focused on a difficult area during the previous crisis – insolvency. Applying the medical principle: it is easier to prevent than to combat, he focused in particular on the area just before insolvency, from a logical and chronological perspective, ...

Salary claims benefit from a preferential regime, in the case of the employer’s insolvency, determined by the need to protect employees. At the same time, current claims benefit from a privileged legal regime, which is justified by the imperative to continue the debtor’s activity after the opening date of the insolvency procedure.With regard to current salary claims in the insolvency procedure, the issue arises of determining the compete...

Without many legislative opportunities for promoting their services, lawyers must rely mainly on the results of their activity. In addition, however, some methods of communication make up the best practices by which, over time, those who have understood the partnership relationship between lawyer and client have acquired professional success. ...

The verbal message is only one of the elements of communication, its weight being often appreciated as inferior to para-verbal and non-verbal communication.The latter, by engaging the entire body of the transmitter, outlines the overall picture that strengthens or diminishes the power of words.

Although there is an express regulation under the Civil Code, both hardship and datio in solutum have particularly attracted the attention of the legislator, who considered that common regulation is not sufficient to resolve situations arising during the post-2008 economic crisis, when the debtors were no longer able to fulfill their obligations. Thus appeared Law no. 77/2016, which was “improved” along the way by Law no. 52/2020, its...

The article discusses how civil courts deal with the fraud by backdating documents by a former representative of the company together with a third party. The specificity of this kind of fraud is that it puts at work some legal presumptions (the presumption that the date on the document is the correct one, the presumption that the agreement has a lawful cause) to create advantages for the fraudsters. When situations of this kind are not timely...

Exclusion is a measure specific to intuitu personae companies. The legal enumeration can be extended through by-laws, as established by the High Court of Cassation and Justice – Panel for resolving legal issues in civil matters, by Decision no. 28/2021. Prior to this decision, the doctrine was divided, a large part considering that the enumeration is limiting. However, the shareholders cannot eliminate, through the by-laws, one or mo...

By Decision no. 28/2021, the High Court of Cassation and Justice appears to have been created problems instead of resolving legal issues. Thus, in this paper we aimed to identify them rather than clarify them, and show that the release itself needs release. Keywords:

The merger of the companies involves a ”transfer of assets”. The first question is whether personal data is an element of assets. The merger of companies requires that at least the data of one of the companies, acting as operator, to be transferred to another. The second question concerns the steps that negotiation teams need to consider regarding personal data. In this respect, the company’s relations with its contractors will be evaluated, ...