Articole cu aceleași cuvânt cheie: drept transnaţional

Conflictul diagonal de legi – un conflict de conflicte de legi
The public law character of the concept of conflict of laws encourages us to contemplate, even in a preliminary way, the manner in which the said concept is evolving within the European Union and – why not? – beyond. This time, the Courage case – a particular competition law dispute decided by the European Court of Justice – provides the opportunity to identify the so-called „diagonal conflict of laws” within the European Union and t...
Citește mai mult
Lex societatis – o perspectivă de drept transnaţional
The concept of lex societatis inspired the legal reasoning made in the international and quasi-federal disputes altogether. The Barcelona Traction (1970) and Centros (1999) disputes give an indication on the fate of lex societatis, as a genuine link between the international and domestic legal orders and quasi-federal one of the European Union. This paper debates the way in which lex societatis operates across and b...
Citește mai mult
Pieţele fi nanciare – (posibil) domeniu al dreptului transnaţional
The intellectual project of transnational law covers manifold areas. One of these areas is that of financial markets. Transnational realities invite the financial markets to take into account the mechanism of the transnational law itself. The transnational situations require also the combined use of the international law, the quasi-federal law of the European Union and the national legal systems. The interaction of these legal orders is just ...
Citește mai mult
Dinamica dreptului transnaţional
The dynamics of transnational law constitues a generous research topic. However, the aim of this article is more modest, limiting itself at preliminarly contemplating the way transnational law is evolving effortlessly. Conceptualized also as a methodological tool, transnational law inspires the so-called „network” contracts and the so-called „organisational contract” of the social life, business life included.The dynamics of internation...
Citește mai mult
Dreptul transnaţional și comerţul: posibilă introducere
‘Transnational law and trade’ is one of the legal topics which are worth to be debated all over the world. In my paper I suggest some ways of addressing the present and future transnational situations. Past transnational situations may provide a methodological help in this respect.
Citește mai mult
Interfaţa arbitraj comercial – insolvenţă. Elemente de ordine publică în practica arbitrală europeană şi naţională
01 01 2017
This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...
Citește mai mult