The issue of determining the applicable law in the international trade contract before the arbitral tribunal is significantly different from its determination in the court of law. The explanation of this differentiation lies in the basis of the authority of the arbitral tribunals and of the...

If, at the level of the European Union, we can talk about a standardization of the conflict of laws rules regarding contracts starting with the Rome Convention of 1980 and, subsequently, about a unification of these rules through Regulation (EC) No. 593/2008, outside the EU, the other European...

Starting from the somewhat unclear provisions of the Rome Convention on the law applicable to contractual obligations (1980), now replaced by Regulation (EC) no. 593/2008, in the literature, some authors have speculated that its provisions could become applicable by the very designation, by the...

Disputes in sport and modes of their solution and harmonization with legislation have imposed more problems than may have been expected at the first glance. Throughout history, as well as today, there have been various inconcilliable differences in opinions in the relation between sport and law....

The starting point of the theory of contracts coincides with the Roman era, but the moment related to the strengthening of the contract theory is the "social contract". Another episode relevant to this theory is represented by the trend "institutionalism". The institutional value has...

Dne 9. prosince 2004 přijala Slovenská republika zákony o konkurze a reštrukturalizácii a o správcoch, které byly vyhlášeny pod čísly 7/2005 Z.z. a 8/2005 Z.z. Stalo se tak necelých osmnáct měsíců poté, co vláda Slovenské republiky schválila v červenci 2003 legislativní...

The Longevity of the Roman Civil Code from 1864, and the long duration of cohabitation with the Commercial Code of 1887 puts into question the issue of rapid enforcing of the New Civil Code! Therefore it is extremely important to compare the current drafting legal texts regarding companies in...

The subject of the analysis circumscribes to the possibility of applying the principles of the doctrine piercing the corporate veil in the Romanian legal system, which has not yet met a unified legislative approach regarding the extension of shareholders’ liability. Starting from the legal...

Previous work on the regulation of termination clauses in franchise contracts has ignored the ability of parties to contract around state law. Using data on two national fast-food restaurants, we find that Washington, D.C.'s termination restriction which did not restrict choice-of-law provisions...

Given that approximately 70% of Romanian households' incomes are targeted to consumption, establishing a sTable and coherent legal regime for the rights of what we call the consumer is extremely important.What is the consumer and the professional is not a question easy to answer, considering the...