The bank current account contract plays a very important part with regard to the operational activity of companies. The challenges affecting its conclusion and, moreover, its performance raise the question whether, despite the regulation of the Civil Code, one is not rather dealing with a legal situation. Also, the analysis of the bank current account contract requires its legal qualification from the perspective of the account beneficiary’s w...

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.

This article is based on the outline of the presentation made by the author at the „Cloud Computing: challenges and opportunities from data protection perspective” conference organised by Microsoft Romania on 4 June 2014. The contents revolves around what cloud computing means, as well as on some of the legal challenges often encountered in connection with this type of service. Nevertheless, the matters herein are presented in a concise fashio...

The coming into force of the new Romanian Civil Procedure Code, on February 15th 2013, has resulted in new rules on the civil trial with a foreign element, repealing the last remaining articles of Law no. 105/1992. This paper is the sixth of a series which aims to provide a general analisys of the new legal provisions, correlating them with the former regulation and relevant jurisprudence, as well as the European legislation with which it migh...

The current study has as a main objective the thorough analysis of the legal issues regarding the increase of the registered capital of a company in different stages of its existence, including the judiciary reorganization procedure, using as a method and a source the “compensation of liquid and exigibil claims of the company with its own shares” stipulated in the last thesis of article 210, paragraph 2, Law no. 31/1990. Moreover, I tried to ...

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 shoud try to find solutions resorting to the principles of law, European law, comparative law or the accounting/financial reporting standards. ...

A frequent practice in the business environment, the grant of price reductions by undertakings may trigger potential anti-competitive risks which are most likely to be present with respect to the price reductions granted by undertakings holding a dominant position. If historically, the analysis applied to discount policies applied by dominant undertakings corresponded to a formal approach, akin to a per se prohibition (the traditional approach)...

Starting from the definition and the underlyings that justify piercing the corporate veil, the articole presents the multiple forms of lifting the corporate veil and makes a short review of the Romanian law in this matter, given the declared purpose of highlighting the concept’s potential to answer the latest demands of the business environment. A modern institution of the business law, piercing the corporate veil proves to be a remedy fo...

In this article, the author analyses the relationship between the right to be informed and trade secrets, in a context in which traders often invoke the privilege of keeping secret information that would also contribute to identifying the effects of their activities on human health and the environment. On the one hand, the ability to keep certain information secret is often a matter of survival for traders, on the other, access to data may be ...