Articole din categoria: Numărul 7

Repere ale evoluției modalităților dreptului de vot în adunările generale ale asociaților societăților reglementate de Legea nr. 31/1990 privind societățile și de Legea nr. 297/2004 privind piața de capital
Numărul 7 Anul 2016
Through this study we aimed to conduct a historical and critical examination of the ways in which, both the Law no. 31/1990, with all its subsequent amendments, and Law no. 297/2004 referring to capital market, by reference to the European provisions, regulated the conditions and the procedures for exercising the voting rights at general meetings of shareholders, in general and, in particular of joint stock companies shareholders regardless of...
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Influenţa dreptului european asupra dreptului național al societăţilor – exemplul fuziunilor transfrontaliere
Numărul 7 Anul 2016
In the European Union, the imperative of the free movement of companies has determined significant transformations of national legislations. The impulse given by the ECJ’s case-law was completed by the European legislator interventions, intended to introduce modern and tailored solutions that meet the practical needs of operators. In the cross-border mergers area, the directive 2005/56/EC is trying to ensure the convergence of Member states’ l...
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Transferul de afacere
The literature has approached the issue of the transfer of business either from a fiscal perspective or when discussing the insolvency procedure, as method to restructure or capitalize the assets of the insolvent debtor or in terms of its connection to the rights of the employees from the transferred company.Therefore, we plan to conduct a comprehensive analysis of this juridical notion, in particular as regards its significance and sco...
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Mecanisme de soluționare extrajudiciară a conflictelor dintre instituțiile de credit și consumatori
The context in recent years, tailored by the distrust in financial-banking activities manifested by customers such are consumers, and by the existence in this field of a high number of ongoing disputes, has determined and justified the improvement of the legislation concerning the mechanisms of alternative and supplementary access to justice. Numerous alternative methods of dispute settlement can be identified in this respect, regardless of wh...
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Infracțiunile de bancrută (III). Articolul 241 C. pen. – Bancruta frauduloasă
Numărul 7 Anul 2016
This study, in three parts, is dedicated to the bankruptcy crimes, simple and fraudulent, and regulated by articles art. 240-241 pf the Penal Code. This third part approaches the fraudulent bankruptcy crime. The active subject, although, de jure, not qualified, de facto is an executive within the debtor-legal person. Legal object is analyzed through the constitutive content of the infraction, which regulates three alternative ways of accomplis...
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Reorganizarea persoanei juridice în viziunea Noului Cod civil
Numărul 7 Anul 2015
This article’s purpose is to perform a comparative analysis between the procedure of restructuring the legal persons as set by the old regulations before the new Civil Code, and the present procedure set by the latter – with the aim to identify and observe the common elements, as well as the particulars of the new regulation.The author also related to the provisions of some special regulations, in particular of Companies Law no. 31/...
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Contractele de leasing conform Legii nr. 85/2014 – probleme teoretice şi practice
Numărul 7 Anul 2015
The absence of express provisions in the Insolvency Law no. 85/2006 generated contradictory jurisprudence when applying both leasing agreements legislation and insolvency law. As of June 2014, the new Insolvency Law no. 85/2014 has modified the regime of financial leasing agreements in insolvency proceedings. The new law contains express provisions regarding: on going leasing agreements, contract termination and registration of receivables re...
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Introducerea forţată în cauză, din oficiu, a unor terţi. Aspecte practice
Numărul 7 Anul 2015
The compulsory introduction in the lawsuit of third parties ex officio is indispensable in creating a reliable procedural law system. Therefore, it can be deffinitely asserted that this institution started taking shape long before the NCPC came into effect, back in 2013, although it was this event the one that made it generally recognized as an institution.In spite of the absence of an express and abstract legal regulation, thro...
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O analiză a conformităţii legii române a insolvenţei personale cu recomandările Comisiei europene sub aspectul reglementării eliberării de datorii a debitorului
The European Commission has issued a series of recommendations on insolvency, outlining the guidelines that Member States should follow in their national legislation. In terms of individuals, the recommendations refers mainly to the harmonization of the debts discharge period, which should not exceed 3 years.By providing the benefit of debts discharge, the debtors are granted with a fresh start. Recently, Romania has adopted an insolvenc...
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Categoriile de debitori cărora nu li se permite accesul la procedurile prevăzute în Legea nr. 151/2015
Numărul 7 Anul 2015
Law no. 151/2015 aims to protect only the vast majority of debtors – honest, but unlucky – which, placed under its protection, can get benefits – and share considerable benefits to creditors and society – consisting of their reintegration into the economic and social life. Therefore, the regulations about debtors’ behaviour, upon the entry, during and after the procedure, will isolate and exclude the debtors who expose themselves to...
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