The present paper analyses the duty to inform consumers imposed to the banks in the hypothesis of loans granted in CHF, within the context of the umpredicible evolution undergone by this currency. The argument put forward is that the bank is obliged to inform the vulnerable consumers on the foreign currency risk, and the breach of such obligation is the nullity on the basis of fraud consisting of the omission to communicate the necessary infor...

The case-law of courts from EU states in the field of foreign currency loans reveal not only the common legal background but also the common problems that both the courts and the beneficiaries of the credits from EU Member States have to address. Given the current context of creating a uniform legislation for protecting credit consumers around Europe, an appeal to the case-law from other Member States can prove to be a source of inspiration for...

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...

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)...

Taking into consideration the new regulation implemented by the legislative power through the Governmental Emergency Ordinance no. 9/2013 which establishes a financial burden called “the environment fee”, a fee that has to be paid when registering a car in Romania, the present study intends to analyse whether the above-mentioned regulation succeeds or not in being different from the previous regulations which have been considered t...

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...