The administrator’s loyalty obligation raises a number of problems when the company he manages is part of a group of companies. Who is the beneficiary of the loyalty obligation or to whom does the administrator owe loyalty? What interest should this pursue: the interest of the company or the group? What is the content and extent of his loyalty obligation? Does it extend to business opportunities or not? The lack of legal personality of the grou...

Actions for the annulment of decisions taken by the general assembly of shareholders have been traditionally regarded as non-arbitrable in Romania.This author believes that, in the light of the provisions of the new Code of Civil Procedure, and of international developments in this area, such matters are capable of being submitted to settlement by arbitration.

The Directive regarding the restructuring and insolvency is intended to set out some business recovery proceedings based on an out-of-court reorganization plan. The business recovery plan represents the core element around which the architecture of any restructuring shall be shaped. The manner in which such a plan is intended to operate at the time the claims satisfaction percentage and modality are submitted to examination, translates in fact...

The amendments to the Insolvency Law brought by GEO 88/2018 destabilized this field and affected the very reason of the insolvency procedure transforming it from a purely collective procedure, into a procedure that allows the individual recovery of the receivables of the tax creditors through individual enforcements.The wave of enforcements initiated under this ordinance has entailed a series of practical problems and questions left una...

One of the fundamental questions for the international commercial arbitration practice, at least in the most renowned European arbitration centres, is to what extent the international arbitrators have a duty to acknowledge an imperative, public law-based character of the European competition rules.Certainly, the question may prompt a variety of approaches – theoretical, empirical, targeted or holistic, in a global or exclusively European ...

The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania applies new Rules of Procedure on 1 January 2018. Unlike the old rules or amendments, the stated purpose is to comply the Bucharest arbitration with the recent amendments made on an international level concerning the introduction of new institutions. ...

The bodies of the company are internal parts of the legal person through which it expresses its social will. The distinction between a legal entity and its organs can only be seen from within. Persons designated as members of a corporate body must be registered for advertising purposes. The legal representation of the legal person is the rule, unlike the legal representation of the natural person, where the exception is. The legal representati...

This article presents the main provisions of Law no. 258/2017 and critically analyzes those that would put theoretical and practical problems. The new provisions will undoubtedly increase the administrative costs of the service providers, including banks, since the law establishes a series of freezes, which, at least for vulnerable consumers, actually allow the full free use of a basic payment count. Then, service providers and credit institut...

The article presents an analysis of the institution of the rise of the tax claim, a legal institution to which, under the Old Tax Procedure Code (Vechiul C. pr. fisc.), another legal entity of fiscal law is transferred: the prescription of the right of the fiscal body to establish tax receivables.Although we are talking about norms that have been the subject of The Old Fiscal Procedure Code (Vechiul C. pr. fisc.), their shadow is still ...

In the final table of claims drafted during when opening of the insolvency proceedings, in the case of the creditors who are beneficiaries of a cause of preference, together with the receivable shall be entered its accessories, too. Keywords: