On October 3rd, 2020 Law 213/2020 for the amendment and completion of the Labour Code entered into force, introducing the terms external consultant and conciliation in employment relationships. According to the […]
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With the World Health Organization declaring COVID-19 a worldwide pandemic on March 11, 2020 and with the Romanian authorities declaring a state of emergency on March 16, 2020, including all subsequent regulati […]
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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 member […]
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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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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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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 C […]
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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 differen […]
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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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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 haven’ […]
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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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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 r […]
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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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Abstract: Abusive contract terms that are included in loan agreements give a bank the right to amend such agreements unilaterally, without any actual negotiation of the new terms, thus creating a significant un […]
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Abstract: Regulation (CE) no. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems regulates an exception from the general rule according to whi […]
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Abstract: an opposition to foreclosure may even regard the validity of the promissory note as a legal act or the forced execution of such a deed, while the challenge on enforcement – in case of promissory notes […]
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Abstract: Considering that the role of arbitration has increased, especially between professionals, the New Civil Procedure Code adopted in Romania has amended the previous regulations in order to meet the requ […]
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