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...

The debtor’s right of administration, consisting of the right to perform his activity, to manage his property and to dispose of it, is exercised through the agency of a special administrator, under the direct supervision of an insolvency administrator, during the observation procedure or reorganization period. Initiating the bankruptcy procedure has the direct effect of cancelling the debtor’s right of administration.The bankruptcy judg...

This article is an in-depth study of the Romanian and French interwar and postwar doctrine with reference to the oblique action, but from the perspective of the new Civil Code. Since the text of art. 1560-1561 NCC which regulates this action is similar to that of art. 1623-1630 of the Civil Code of Quebec, we have also tried to relate it to the doctrine and case law of this Canadian province. We have also analyzed the judicial practice which ...

The paper will analyze the issues relating to the distinct regulation of the main cause of losing the shareholder status in a limited liability company, namely the transfer of shares and the withdrawal of a shareholder from the company.In practice, it is essential to correctly qualify the manner in which a shareholder withdraws from a limited liability company, the transfer of shares or the shareholder’s withdrawal, and in this paper we ...

By virtue of the technical progress and the unprecedented development of information means, what was only fiction half a century ago has now become tangible reality. Being everywhere around us and mainly meant to improve the quality of our lives (as the video surveillance systems inside public institutions, supermarkets, stadiums etc.), the surveillance systems has become a real ”invisible forensic help”.

The new regulations on insolvency, as part of a project coordinated under the aegis of the World Bank and the International Monetary Fund, comes against the background of the amplification of the insolvency phenomenon, at both national and EU level. The tendencies recorded at European level involve a new approach, to save the business and to give a second chance to honest entrepreneurs, thus starting from the fact that insolvencies are “a fact ...

The article examines the protection of databases by copyright. It is discused the legitimacy of this protection and the particularities of the legal regime of the protection of databases in the European Union. In addition, are analyzed the solutions of the Court of Justice of the European Union, regarding this matter. ...

The relationship between the dispute settlement mechanism of the World Trade Organization (WTO) and the human right to health is extremely complex and it covers a wide spectrum of ethical, political and juridical issues. The WTO applicable law includes provisions, such as Article XX letter b) of the GATT, that make us believe that the human right to health is determinant in interpreting the obligations of the WTO Members and their refuse to co...

This article aims to assess the impact of changes of Law No. 193/2000 intervened through Law No. 214/2013 for the approval O.U.G. No. 4/2013 on the amendment of Law No. 76/2012 for the implementation of Law No. 134/2010 on the Code of Civil Procedure, and for amending and supplementing of regulation on disputes between professionals and consumers concerning unfair terms in contracts of adhesion. The author deals with an extremely important new...

Changes to Law no. 193/ 2000 on unfair terms in contracts concluded between professionals and consumers by Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure , seem to configure, by article 12 and 13, in their new formulation, a novel form, that of class action. This can be promoted, only in the case of contracts of adhesion, by The National Authority for Consumer Protection or by the associations for co...