The professional patrimony is a juridical fiction based upon which the lawmaker grants a special legal regime to a fraction of the patrimony of a professional, destined for the exercise of a certain profession. This paper aims to reflect the complexity of the relations that reunite various assets, rights and obligations of the professional as well as the consequences of this legal construction, with reference to the special and unique destina...

The contract that establishes a personal guarantee is not an intuitu personae contract. It is not concluded in consideration of the guarantor person, still less the one of the creditor. The fact that art. 2318 Civil Code provides that a personal guarantee is terminated by death of the guarantor is not likely to signal that it is concluded in consideration of its person. The guarantor death only marks the end of the guarantee contract ...

The new Fiscal Procedure Code, in force on 1st of January 2016, addresses once more the issue of payment facilities but from a new perspective, allowing for a codification of the existent regulations in this field and offering a real support for contributors acting in good faith but found in financial struggle.In this newly created context, the fiscal legislator establishes a true payment facility procedure that we have structured in the ...

By decision of 21 January 2016, Cluj Court of Appeal referred a request for a preliminary ruling to the Court of Justice of the European Union under Article 267 TFEU, asking, in essence, whether the provisions of Directive 2006/112/EC (the VAT Directive) must be interpreted as precluding the tax authority from refusing a taxable person the right to deduct the VAT owned or paid in relation to a supply of goods, solely on the ground that the supp...

Amendments brought to G.E.O. 109/2011 by Law 111/2016 upgrade Romanian company law from corporate governance principles perspective. State as shareholder switch its position in respect to SOE (state owned entreprises) by no further inactively awaiting outcomes, but attending to setup of general goals and of their mission, related to the expected contribution for the achievement of the governance programme. Amendments are substantial and outline...

For arbitration, the arbitral award represents its prime objective, but also its last act.Considering the fact that arbitration is an alternative dispute resolution method, the regularity of this process’s result, materialized in the arbitral award, must be assured. In order to control the regularity of the arbitral awards, national legislations establish legal remedies against them. The examination of the Romanian and French legislations...

The paper points out a number of practical aspects and jurisprudential orientations on the crime of tax evasion, including the liability of the legal person and the status of antifraud inspectors. Keywords: Law no. 241/200...

This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 of the Penal Code. This second part approaches the simple bankruptcy crime. A natural person and a legal representative of a legal person can be active subject of the infraction, but not the legal person. A focus is made on the legal representative, to define such term with implications both civil and penal, as well ...

This article aims at analyzing the society contract as a classic private law institution in terms of its origin. We notice that the first mention of the society contract origin is recorded within the papyrus “New Gaius ” at the end of the fourth century and early fifth century which indicates the legal arrangement called “antiquum consortium” or “ercto non cito“, forms of family severalty,...

The arbitrators’ pro-active role in the international arbitration modern era is one of the key factors in ensuring and maintaining an efficient and less judicialized case management.Lately it seems arbitration has caught the flaws of the guerilla tactics which alter the arbitration proceedings and the topic of efficiency is more newsworthy than ever.By avoiding dilatory and obstructive maneuvers the arbitrators’ pro-active role ma...