The free exercise of the private ownership right on land is limited in terms of the use – as an attribute of it by Law no. 238/2004 of oil, which entitles the owner of natural resources the possibility to use the land soil to conduct on this works that have as the use of the subsoil where the underground deposit is located. The restriction of the private ownership right of the landowner in the subsoil where are the natural resources is co...

The issue regarding the effects arising from the termination of the administrator’s mandate has received different answers in the business practices and, in particular, in the case law, which requires doctrinal clarifications.Our purpose hereby is essentially to determine whether, following the termination of their mandate, the administrator – representative of a company – keeps or not such capacity given that the company has not appoint...

This series of three articles, in three parts, analyses the issue of tax evasion, regulated by Law no. 241/2005 regarding the prevention and fighting tax evasion. This first part treats the common aspects of the crime: regulating, notion, through the definition of the terms like fiscal duty, taxes, fiscal base, defined in the Fiscal code and Fiscal procedure code. Considering that not any erosion of the fiscal base, by the tax payer, represent...

The commissorio and the Marcian pact, the invalidity of the one and the validity (maybe) of the other, characteristics, differences in ratio, problematic profiles and analysis according to the Italian Supreme Court of Cassation, the comparative influences, until the Banks Decree entered into force last July that for the first time introduces the Marcian Pact in the positive law, bringing significant changes.

This study of juridical practice attempts to present to the practitioners which are the difficulties faced in Romania by the exequatur of foreign arbitral awards, and which are most often caused by pathological arbitration clauses or incomplete arbitration clauses. Key...

An argument, which has been repeatedly and consistently advanced in the intra EU disputes by the European Commission and the EU Member States is that there is a sort of inherent conflict between EU law and the investment arbitration under Energy Charter Treaty, which would somehow prevent European investors from using it against EU Member States. Conflict of treaties is a hot topic leading to a more general debate on the alleged fragmentation ...

The present paper analysis the regulations through which the National Bank of Romania proved its concern in creating the framework for the credit institutions to develop responsible lending strategies, particularly as far as the foreign currency loans granted to individual persons are concerned, with regard to non-hedged currency risk.

The present paper achieves a critique to the absolute protection granted to credit consumers, a constant tendency in the relevant case-law rendered by the Romanian courts within the context of the judicial intervention into the contract for the purpose of repressing the unfair terms and of adapting the foreign currency loan contracts.

Background: On 15 January 2015, the Swiss National Bank announced that the measures established on September 11, 2011, when it had decided to support a franc exchange rate of 1.20 francs per euro, would be changed. As a result, the exchange rate of the franc in Romania raised from 3.7 lei / franc, on 14.01.2015, to about 4.6 lei / franc, on 23.01.2015, thus surpassing the euro’s exchange rate.This event has put great financial pressure o...

The present study analyses the applicability of hardship în foreign currency loan agreements given that such a form of judicial intervention into the contract is now being regulated by the Civil code. The analysis refers not only to elements of comparative law and of international commercial law, but also to the part to be played, within the field of hardship, by the principle of monetary nominalism and by the classic and contemporary relevan...