With respect to the damages caused by breaching industrial property rights, the extent to which the provisions of article 14 of OUG no. 100/2005 are also applicable when the deed is committed with fault, represent the object of a series of analysis in the legal literature and case law. The High Court of Cassation and Justice has answered this question in the affirmative. Given the complexity of the analysed problem, we deem it useful to...

The study is dedicated to formulating a legal definition for the traditional family (concluded between a man and a woman), as well as presenting the right of the natural person to have his/her family life protected, in accordance with the corresponding regulations established by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention for the Protection of Human Rights and Fund...

As is known, by art. 6 of Law nr. 241/2005 for preventing and combating tax evasion was criminalized the act of withholding and not paying, intentionally, within a period exceeding 30 days from the due date, the amounts representing taxes or contributions with withholding at source. Until the entry into force of this normative act, such an act was regulated in a slightly different form, being sanctioned only contravention, in art. 13 par...

The increasing number of requests for a preliminary ruling introduced to the Court of Justice of the European Union has led to a more thorough analysis by the Court regarding its competence under Article 267 of the Treaty on the Functioning of the European Union, respectively regarding the admissibility of references from national courts. This scientific approach aims to highlight the matters to be considered by the national cour...

The article discusses the ambiguous amendment brought by the Decision of 16 March 2023 of the National Council for Solving Appeals of 16 March 2023, regarding the treatment of appeals made by successful bidders and their requests for main intervention, as well as drawing up procedural instructions. The judgment removes the instrument of the application for main voluntary intervention from the disputes resolved by the Council, ordering it...

Ce întrebări ridică inteligență artificială generativă? Deși a fost pusă la dispoziția publicului larg și pusă pe piață în urmă cu foarte puțin timp, tehnologia digitală numită generic „inteligență artificială generativă” (AI) și-a consolidat deja o poziție solidă, mai ales în domeniul industriei culturale. Așa cum era de așteptat, producerea și utilizarea de creații artistice sintetice ridică un anumit număr de întrebări pentru diverșii actori ce operează în acest sector, inclusiv în materie de fiscalitate publică și de proprietate intelectuală. În Franța, dezbatere...

This paper focuses on the key role that the post-Covid 19 European financial regulations are poised to play in Romania in relation to the development and deepening of the capital market, investment funds, fintech, cross-border financing and green finance. The author suggests that the Romanian market is faced with a unique confluence of regulatory and economic factors which, if optimally activated, can stimulate the financial perspectiv...

In order to issue a preliminary decision to the High Court of Cassation and Justice, it was referred under the provisions of art. 519 of the Civil Procedure Code, regarding the following legal issues: „The provisions of art. 138 para. (1) and art. 139 of Law no. 85/2006 on the insolvency procedure, with subsequent amendments and additions, related to the provisions of art. 25, art. 26, art. 220 para. (10) and Article 215 of Law No. 207/2...

The supremacy of the Constitution would remain a mere theoretical matter if there were no adequate guarantees. Undeniably, constitutional justice and its particular form, the constitutionality control of laws, represent the main guarantee of the supremacy of the Constitution, as it is also expressly stipulated in the Fundamental Law of Romania. The obligation of the authorities, namely the parliament and the executive to have a ...

This article examines the concept of privilege introduced in the Insolvency Law through legislative changes brought about by Law No. 216/2022 in the context of implementing Directive (EU) 2019/1023 of the European Parliament and the Council of 20 June 2019 on preventive restructuring frameworks and its relevant impact on new financiers and intermediaries in restructuring and preventive composition proceedings. Among other things, ...