Law and legal news articles from Roumania – Budusan & Associates

Avocat Cluj-Napoca Diana Flavia Barbur

Role of Conciliation and of External Consultants in Labour Conflicts


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 […] Read more →

Avocat Cluj-Napoca Diana Flavia Barbur

COVID-19 pandemic & the state of emergency and how they affect family relationships


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 […] Read more →

Avocat Cluj-Napoca István Juhos

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 member […] Read more →

Avocat Cluj-Napoca David Talpeș

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 no longer […] Read more →

Avocat Cluj-Napoca István Juhos

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 […] Read more →

Avocat Cluj-Napoca István Juhos

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 […] Read more →

Avocat Cluj-Napoca István Juhos

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 C […] Read more →

Avocat Cluj-Napoca Marian Bota

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 differen […] Read more →

Avocat Cluj-Napoca István Juhos

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 […] Read more →

Avocat Cluj-Napoca Dan Andrei Coldea

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 haven’ […] Read more →

Avocat Cluj-Napoca István Juhos

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 […] Read more →

Avocat Cluj-Napoca István Juhos

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 r […] Read more →

Avocat Cluj-Napoca István Juhos

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 […] Read more →

Avocat Cluj-Napoca David Talpeș

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 […] Read more →

Avocat Cluj-Napoca Dan Cristian Moș

Present situation of abusive terms in loan agreements between professionals and consumers


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 […] Read more →

Avocat Cluj-Napoca István Juhos

FORM A1. REQUIREMENTS AND PROCEDURE (CERTIFICATE REGARDING THE LEGISLATION ON SOCIAL SECURITY)


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 […] Read more →