Importanţa administrării probelor în arbitrajul comercial internaţional. Examinarea şi cross-examinarea martorilor
Numărul 6 Anul 2015
Arbitration has had to deal with the fact that, when it comes to technical issues, lawyers are not indispensable for the settlement of disputes from the technical point of view. This solution may also work well for smaller disputes where law issues are clear and technicalities remain secondary, for larger disputes the situation is different.
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(Dez)echilibru de gen privind administratorii și directorii societăților europene cotate la bursă? Studiu de drept comparat
Numărul 6 Anul 2015
Contrary to other professions, where there is a relatively balanced gender representation, there is a manifest disproportion in the case of boards of directors of listed companies in the European Union. In 2014, women accounted only for 20% of the total number of board members, 21% of the number of non executive members, 13% of the number of executive members and 3% of the number of CEOs. There are important differences between the member Stat...
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Regimul fiscal al TVA aplicabil transporturilor intracomunitare de bunuri
Numărul 6 Anul 2015
Simplifying the tax system is one of the most important requirements to decrease the compliance costs and the administrative burdens for businesses small and large alike, as well as to improve collecting rank together with the tax evasion and tax fraud diminution.The Value Added Tax is one of the most substantial tax categories that contributes to the tax system consolidation at national as well as community scale. This required the nec...
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Originea societăţii ca instituţie clasică a dreptului privat
Numărul 6 Anul 2015
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,...
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Noua fizionomie a coproprietăţii obişnuite în lumina dispoziţiilor actualului Cod civil
Numărul 6 Anul 2014
Along with the usual classical vision of temporary co-ownership, established by the Civil Code of 1864, which ignored the subject entirely, as a separate institution, for the benefit of individual property co-ownership, co-ownership been considered a transient situation, exceptional, New Civil Code outlines, through a series of changes a new physiognomy of this institution of civil law.Although almost all news reported during this study ...
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Scurt istoric al Camerelor de Comerț și Industrie din România și transformarea instituțională a acestora până la cel de-al doilea Război Mondial (II)
Numărul 6 Anul 2014
The Romanian Chamber of Commerce System is an active, mobilizing and reforming presence of the domestic and international trade.One of milestones of the Chamber of Commerce legislative accomplishment was the elaboration of the Constitution of 1923, which had been the promoter of the development and of the reform of the Chambers of Commerce in Romania.
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Retragerea asociaţilor. Certitudini, dileme, soluţii
Numărul 6 Anul 2014
During the incipient period of application of companies’ legislation, legal issues concerning the formation, organization and development of trade companies’ activities were examined preeminently by scholars and courts, since that was a time of creation and hope; events like withdrawal or expulsion of an associate were marginal issues that were disrupting the corporate harmony and not so often met în practice.The economic crisis affected...
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Patrimoniul de afectaţiune –instrument în derularea afacerilor
Numărul 6 Anul 2014
The patrimony by appropriation represents an instrument in business operation, even the business itself, therefore it is required to regulate it in accordance with the requirements modern economy.This paper analyses and proposes some solutions for the problems of the patrimony by appropriation as instrument by the dint of which a business is operated, as a modern patrimony management technique and as an instrument for limiting commercial...
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Despre dividende (Partea I)
Numărul 6 Anul 2014
The article aproaches the issue of the profit treatement and distribution of dividends in a complete and applied way, including for the listed companies. Due to the fact that Law no. 31/1990 does not offer to the intrerpretor a clear and unequivocal text, one should try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards.
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Aplicarea dreptului concurenţei în procedurile privind achiziţiile publice
Numărul 6 Anul 2013
This article aims at analysing the specific issues that may arise in the public procurement proceedings, with a focus on bid-rigging practices and the behaviour of public authorities as forms of anticompetitive conducts expressly regulated by the Competition Act no. 21/1996. Moreover, given the recent practice of the Competition Council, the authors have also presented the particularities of relevant markets definition in the case of anticompe...
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