The breach of data security has several consequences regarding the effects of this event on the data subjects. If the personal data has gone out of data controller’s hand, it will try to recover it in order to limit the damage. The data controller has the primary obligation, under public law, to notify the competent supervisory authority of the data security breach. On the other hand, he will try to conclude a convention with the author of the...

The Companies Law no. 31/1990 was amended by Law nr. 265/2022. The main object of Law no. 265/2022 is a new regulation of the activity of the trade registry, repealing the previous law, no. 26/1990. In addition to the register activity, Law nr. 265/2022 brings important changes to the corporate legislation. One of these changes is the possibility for the members of a limited liability firm to pay in instalments the shares subscribed when the f...

The control of the documents and the activity of the limited liability company is a personal non-patrimonial right that belongs to each associate, who does not also have the capacity of administrator, based on his quality and his legitimate interest in knowing the financial situation and the patrimonial evolution of the company. ...

The article analyzes the issue regarding the limits of the prior control of legality carried out during the registration in the trade register, in the context of the adoption of a new law on the trade register. At the level of the ONRC and the courts, there is an oscillating practice in this regard, and the appearance of the new regulations does not, unfortunately, clarify the existing problems.

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, ...

The opening of insolvency proceedings upon the creditors request should not raise any problems, given that the legal regulation contained in Law no. 85/2014 seems clear. In this sense, the conditions that the creditors’ claims must meet in order to open the insolvency procedure against the debtor are those provided by art. 5 point 20 and art. 5 point 72 of the Law no. 85/2014.However, there are still controversies relating, inter alia, ...

A discussion about the penal clause in the era of disruptive technologies may seem outdated. However, its placement in the context of insolvency proceeding is giving a new impetus to the old institution of civil law.Concretely, in the present study we aimed to analyze the extent to which the compensatory penalty or the moratorium penalty or the penalty due for the performance of the obligation in another place than the one agreed in the ...

Irrespective of the legal relation it is applied to, the suspension should not have ratio legis, permanent consequences. In other words, the suspension as a procedural instrument, should preserve the substance of the legal relation and delay the review or evolution thereof. In terms of tax inspection, article 127 of the Code of Tax Proceedings is no exception either, since it is a legal instrument necessary, yet proportionally applicab...

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...

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.