Articole din categoria: Numărul 6

Legislaţia privind consolidarea clădirilor interbelice – aspecte fiscale, provocări și propuneri de lege ferenda
Numărul 6 Anul 2021
This article presents the legal framework relating to the consolidation of inter-war buildings, including those pertaining to the immovable cultural heritage, by examining the main pieces of legislation in force as well as the draft legislation initiated locally and nationally and launched for public debate. Within this analysis, the main deficiencies identified with respect to the relevant provisions are rendered – namely the lack of a rigor...
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Limbajul corporal
Numărul 6 Anul 2021
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.
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Cât de previzibilă ar fi putut fi impreviziunea în contractele de credit bancar?
Numărul 6 Anul 2021
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...
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Succintă prezentare a modificărilor aduse în anul 2020 Legii societăţilor nr. 31/1990
Numărul 6 Anul 2020
In 2020, the Companies Law was amended three times. Although not all of them are significant, the changes are likely to facilitate the creation and operation of companies. However, they are not sufficient to meet, on the one hand, the real needs of company partners in the decision-making process and, on the other hand, to solve law enforcement problems, which both theoreticians and practitioners have long time ago identifi ed in company law.
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Forma proiectului de fuziune sau divizare
Numărul 6 Anul 2020
Practice and much of the doctrine present the document of merger or division as an authenticated one, which is a mistake. Firstly, the document is not the decision of the general assembly, and this, as negotium juris, is not a legal act but a sui generis act. Secondly, the document is the plan of merger or division, which is then subject to approval by the general assembly or assemblies. Unfortunately, the mistake is based on...
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Consiliul de administraţie vs. consiliul de supraveghere –implicaţii, competenţe și limite în actul de administrare al societăţii pe acţiuni
Numărul 6 Anul 2020
The Board of Directors and t he Supervisory Board are two essential structures within the operating mechanism of a joint stock company, both structures are organized as collegial bodies of the company, the operating of one or the other being organized within a joint stock company in accordance with its management system as decided by the shareholders, at the establishment of the company or afterwards, during its operation, by a resolution of th...
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Asocierea în participaţie – de la fiducia romană la struţo-cămila română…
Numărul 6 Anul 2020
With a history of about 125 years, the unincorporated partnership/joint venture has managed to come into prominence in the daily legal life as a usual, familiar presence, not raising significant problems (doctrinal and jurisprudential equally).A regulation more than compact – articles 251-256 of the Commercial Code – placed in Title VIII On companies and commercial associations, Chapter II On associations (after Chapter I On companies), S...
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Examen al practicii judiciare în materia atragerii răspunderii organelor de conducere ale debitoarei aflate în încetare de plăţi. Concursul dintre atragerea răspunderii administratorului în condiţiile art. 169 din Legea nr. 85/2014 și deciziile de atragere a răspunderii solidare emise de organul fiscal din perspectiva regulii non bis in idem
Numărul 6 Anul 2020
Analysis of the judicial practice regarding the liability of the insolvent Debtor’s management bodies. The concurrence between the attraction of the director’s liability under the terms of art. 169 of Law no. 85/2014 and the fiscal decisions implying the director’s joint and several liability for fiscal debts.
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Accesoriile creanţelor care beneficiază de o cauză de preferinţă în procedura insolvenţei
Numărul 6 Anul 2020
Pursuant to art. 103 of Law no. 85/2014, the claims benefiting from a cause of preferance are entered in the final table and / or in the final consolidated table, as the case may be, at the value corresponding to the good affected by the guarantee, as it is assessed by the appraiser, according to International Evaluation Standards.The legislator imposes a maximum limit on the value resulting from the valuation, namely the value (amount)...
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„Pandemia economică” sau schimbarea regulii neintervenţionismului statului în vederea continuării afacerii
Numărul 6 Anul 2020
Throughout history, there have been many discussions about the manner of State intervention in capitalist economies, namely pure liberalism (and non intervention of the State) or State interference, in order to harmonize particular interests with the general interest.Romania has adopted a series of measures regarding the economic, financial, and social consequences of the spread of COVID-19, including by granting a number of incentives, ...
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