This study aims at presenting the new legal provisions at EU level regarding orphan works (Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works) and their transposition into national law. The study explains the content of...

The actual Civil code regulates for the first time in the Romanian legislation the intermediation contract, until its entering into force existing multiple situations that lent themselves to this legal operation, but did not benefit of such particular legal rules. Yet, the case law has shown...

The relatively recently legal notion of imprevision brought under Romanian regulation by the new Civil code that came into force October 1st, 2011, is expected to be subject of numerous specialized analyses in order to clarify the various aspects that make up its identity, characteristics and...

This study starts from an analysis of the juridical regime of the mortgage which "migrates" from the area of actual rights to the juridical regime of the debt rights! Legislative arguments sustain this idea, deriving from the regulations governing the mortgage in the new Romanian Civil Code...

The EU ideals and objectives are constant throughout the history of this international organization: the creation of a single internal market and a complete integration. The EU law provides for both rules of substantive law and rules of conflict regarding international trade activities. It can...

Given the usefulness and practical importance of the compromise contract conclusion and of the amicably dispute resolution, within the business world, we aim to analyze, in what follows, the concrete means by which these kind of settlement are achieved. Two questions become legitimate in the...

Starting with the enactment of the New Civil Code have been regulated for the first time contracts and legal institutions specific to the banking activity. The new regulation even if they brought important solutions for certain problems regarded in the commercial activity and especially in the...

By means of the present study, we try to offer a thorough image and an analysis concerning the assignment mode of social parts within a company having limited liability. The assignment of social parts is free and unrestricted except for the cases provided by article 202, paragraph 2 from Law no....

The penalty clause is that ancillary agreement in which the parties predetermines the equivalent loss suffered by the creditor as a result of the failure, delay or improper performance of the obligation by the debtor. Over time, the legal nature of penalty clause has been a controversial...

This paper addresses one of the most pressing issues of private law, namely, the theory of unpredictability. The theory of imprevision is a question of law under the effects of the current economic crisis has resulted in contract law. Also, updating legal issues raised by the theory of...