The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance wi...

In systems of law, as well as in the area of current knowledge, it is the Greek and Roman civilizations that offer the ethical and moral fundamentals, as well as the legislative and institutional framework for modernity. It was easy to start with Aristotle’s Nicomachean Ethics where the author laid the basis of the principles of democracy, the philosophical and ethical systems, which were later confirmed and enriched by European historical ev...

The business environment has great expectations with regards to the Law No. 85/2014 regarding the procedures of prevention of insolvency and of insolvency, that promises to ensure an equilibrium between the interests of the creditors and those of debtors, and which, moreover, has as intrinsically scope that emphasis on preventive measures (although there are no new elements or „import” of any international practice on insolvency prevention). ...

The new regulations on insolvency, as part of a project coordinated under the aegis of the World Bank and the International Monetary Fund, comes against the background of the amplification of the insolvency phenomenon, at both national and EU level. The tendencies recorded at European level involve a new approach, to save the business and to give a second chance to honest entrepreneurs, thus starting from the fact that insolvencies are “a fact ...