Law and legal news articles from Roumania – Budusan & Associates

ACKNOWLEDGEMENT IN ROMANIA OF FOREIGN RESOLUTIONS


Abstract: In 2007 two procedures regarding the acknowledgement of foreign resolutions became enforceable in Romania. The first one is a procedure which applies to foreign resolutions passed in one of the membe […]


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Dissolution of the company in case of severe misunderstandings between shareholders that affect the


Abstract: The dissolution of the company based on article 227 – paragraph (1) – letter e) of the Company Law represents is a remedy provided by the lawmaker when the element “affectio societatis” does n […]


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Non-competition clause in Employment Agreements


Abstract: Non-competition clauses are legal instruments meant to protect employers. This protection operates upon the termination of employment relations between employers and employees. However, in order for s […]


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THE STATUTE OF LIMITATION ACCORDING TO THE NEW CIVIL CODE


Abstract: The Romanian Civil Code, which has entered into force on the 1st of October 2011, refers in Section 6 to the statute of limitation, extinguishment of rights and term estimation. Therefore, the former […]


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DEBT RECOVERY ACCORDING TO THE NEW CIVIL PROCEDURE CODE


Abstract: The New Civil Procedure Code regulates both the default summons and the procedure for summons of a lower value. The default summons procedure is regulated by article 1013-1024 of the Civil Procedure […]


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Unconstitutionality of the legal provision on divorce after a separation of at least 2 years


Abstract: The cornerstone of a fair trial is the requirement that both parties should benefit of the same terms. From this perspective, there aren’t any rational or solid reasons that would justify the differ […]


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Working as a self-employed person or as an employee?


Abstract: From a fiscal point of view, working as a self-employed person could be more convenient than working as an employee based on an employment agreement. However, a problem that may arise is for such an a […]


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Recovery of VAT in case a debtor goes bankrupt


Abstract: If a debtor goes bankrupt and hasn’t paid an invoice issued for services and goods provided by a creditor, the latter may adjust the VAT tax basis by subtracting the value of those invoice that have […]


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Admissibility of a legal action for the revocation of a deed of alignment acknowledged by a court r


Abstract: This is a brief overview of the problems generated by court resolutions that have the value of authentic documents and their legal regime. The following two questions may arise: may this resolution be […]


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EXCLUDING A SHAREHOLDER FROM A LIMITED LIABILITY COMPANY


Abstract: Any shareholder who fails to observe the provisions of the company’s articles of incorporation or harms its interests may be excluded from the company. Such exclusion is acknowledged through a court […]


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DIVORCE MEDIATION


Abstract: Mandatory mediation in litigation involving the divorcing parties inherently creates questions about the disadvantages, namely usefulness of recent regulations. The wide applicability of the instituti […]


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Trademarks: concept and importance. Registration of trademarks at OSIM


Abstract: Trademarks, as they are regulated by Law no. 84/1998, are an important element of a commercial activity. Trademarks are used to distinguish products and/or services of companies from those of competit […]


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