The arbitrability of the corporate litigations is, in principle, possible, especially after passing the new Civil Procedure Code (Article 542), which eliminated the condition of the pecuniary nature of the dispute. Norm of Article 63 of Companies Law no. 31/1990 does not establish an exclusive competence of the courts of law but a material and territorial one within their general competence. In addition, Article 132 paragraph (2) and fol...

The concern of the European and national legislators for consumer protection is due to the fragile position it occupies in a credit agreement. The role of the CJEU is to establish a unitary standard for the interpretation of the provisions of Directive no 1993/13/EEC on unfair terms in consumer contracts, applicable in all Member States, but it is for the national courts to verify whether a clause contrary to the requirement of good fai...

The main purpose of this article is to identify resemblances which exist or should exist between the legal regime of nullity of the decisions of the general meetings of shareholders in joint-stock companies, set, mainly, by the Romanian Companies Law no. 31/1990, and the general legal regime of nullities set by the Civil Code.

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 necessar...

This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the s...

This article aproaches the issue of the nullity of the decision of the general meeting of shareholders of a company, aiming to realize a detailed view over a topic that raise, despite the fact that it should not, erroneous interpretations that endanger the very stability of the juridical relations. The main problems are: the shareholders legal capacity in case of assigning the shares after the ex rights date, the legal capacity of the ...

The hereby article is meant to highlight and to accentuate the meaning given by the legislator to the provisions stipulated by art. 241 of the Capital Market Law, by comparing the limits of competence imposed on the executive management of a stock company, by reporting to the plenitude of competence belonging to the general meeting of shareholders, pursuing in the same time the interpretations given to this article, bearing a brief comp...