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...

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 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”.

This article deals with the issue of assignment of litigation rights and how this matter has been regulated in tax law and the relationship between tax issues and civilian regulation and case-law. We followed the definition of the claim against the Romanian state in the light of European Court of Human Rights case-law and how the effects of these decisions are mostly applicable in conceptualizing the tax treatment of property alienation of per...

A new dynamic is underway against tax evasion. In the United States, the “Foreign Account Tax Compliance Act” – FATCA was adopted in 2010, which obliges banks and other financial institutions (including mutual funds pensions) established abroad to report to the US IRS the assets and transactions of their clients, regardless of whether they are US citizens or residents.Transposed to Europe, it allows to know who, among t...

The application in time of the Regulation on insolvency proceedings, which started before the accession of the new Member States and remained in force after the entry into force of EU law (when EU law came into force during the insolvency proceedings) was questionable. Unfortunately, it seems that in the preliminary ruling pronounced in case Erste/B.C.L., the European Court ignored the complexity of the issue as related to private internation...

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. ...