Regimul legal al dobânzilor în dreptul profesioniștilor-comercianți

Author(s): Dumitru Văduva / Language(s): Romanian Publication Year: 0

Civil liability is a source of obligations. This has a common regime in principle, with differences only in detail between tortious and contractual liability. The obligation to pay a sum of money generally originates in the contract but may also be owed under a court decision, for example, as damages for a damage caused by a tort. The delay in the execution of the obligation to pay the amount of money gives rise to a new obligation, that of default damages, representing the damage caused by the delay in payment. The delay in the payment of monetary obligations has a higher cost for the debtor of the professional creditor in relation to that owed to the non-professional creditor. The difference in the cost of the delay owed by the debtor in the two scenarios is dictated by the rate of percentage points that are added to the legal interest rate, which is the monetary policy interest rate of the National Bank of Romania.

Societatea comercială în lumina noilor modificări ale reglementărilor societare

Author(s): Dragos Daghie / Language(s): Romanian Publication Year: 0

Starting from year 2011 and until now, the companies regarding the commercial activity, the main actors of the trade, have undergone numerous transformations from a legislative point of view, changes that occurred as a result of the need to refresh the private regulations but also of the current desires of the society. Thus, starting with the New Civil Code, the New Code of Civil Procedure and ending with Law no. 265/2022 regarding the trade register and for the modification and completion of other normative acts affecting the registration in the trade register, Companies Law no. 31/1990 received no less than thirteen changes to its structure, its architecture being substantially modified in some places and the philosophy that was in mind at the time of its adoption being totally changed.

Considerații privind noile reglementări ale instituției reprezentanților salariaților din legea dialogului social

Author(s): Dan Ţop / Language(s): Romanian Publication Year: 0

At the end of 2022, the situation of employee representatives has changed, being much detailed at the regulatory level, through the new social dialogue law. At the employer where there are at least 10 employees/workers and where there is no union, the interests of the employees/workers can be promoted and defended by their representatives. It is established, in the absence of the agreement of the parties, the number of representatives considered optimal, and their attributions have been specified. The representatives of employees/workers cannot carry out activities that are recognized by law exclusively for trade unions. It is assumed that in the new legislative framework, the activity of employee representatives will increase through effective participation in the procedures for information, consultation, and resolution of collective labor disputes.

Inteligența artificială la încheierea contractelor. Și cum rămâne cu protecția datelor personale?

Author(s): Mirela-Carmen Dobrilă / Language(s): Romanian Publication Year: 0

Artificial intelligence means rapidly evolving technologies that are created to optimize operations, but the use of artificial intelligence must be considered in close relation to human and ethical implications. An observation of the risks associated with the use of artificial intelligence is required in certain situations, especially as artificial intelligence systems are designed to be increasingly autonomous, where the system is designed to learn and act on previously observed effects. Thus, technologies inevitably evolve and we witness the use of artificial intelligence in the conclusion of contracts. The article analyzes aspects regarding the use of artificial technology in the negotiation of a contract and at the stage of concluding the contract; then they are analyzed in close connection with the principle of contractual freedom and the principle of good faith when negotiating and concluding the contract. Within the article, the use of artificial intelligence at the conclusion of the contract is analyzed in relation to the existence of a valid consent of the contracting parties; it is necessary to ask ourselves what are the risks and limits related to artificial intelligence and the condition of the existence of serious, free and informed consent. Some aspects related to the use of artificial intelligence at the conclusion of the contract and the risks (or advantages) that exist regarding the observance of the right to the protection of personal data are also analyzed, the observance of the General Data Protection Regulation (RGPD) being mandatory. Given that, at this moment, we are witnessing the use of artificial intelligence in numerous fields, and which can (or not?) replace the realization of a scientific work by a human or even replace the human judge (or not?) in the courtroom judgement, the question we propose to answer (or not) is whether artificial intelligence in the conclusion of the contract can be equivalent to the conclusion of the contract based on human thinking and whether there are risks associated with the conclusion of the contract based on artificial intelligence, respectively if personal data is reviewed.

Caracterizarea noțiunii de fază post-contractuală

Author(s): Radu Stancu / Language(s): Romanian Publication Year: 0

The material aims to (re)introduce into the debate the contract, specifically the last stage of the three that define what might be called the contractual process. The contract seen in its chronological dynamics is divided, at the beginning by jurisprudence and doctrine, and now also by the legislator through the civil reforms, into two phases, namely the pre-contractual phase and the actual execution phase of the contract. However, since the 1980s, specialists, especially French specialists, have distinguished a third phase, namely the post-contractual phase. Given the nature of the scientific event, this study is limited to presenting the intellectual construction of this view of the outcome of manifestations of will made with the intention of producing legal effects.

Incidența Legii numărul 140 din 2022 asupra materiei moștenirilor

Author(s): Ilioara Genoiu / Language(s): Romanian Publication Year: 0

The entry into force, in August 2022, of Law no. 140/2022 regarding some protection measures for people with intellectual and psychosocial disabilities and the modification and completion of some normative acts generated notable consequences in the matter of the protection of the natural person and the capacity of the individual subject of law to conclude civil legal acts. Mainly, this normative act was intended to harmonize the national legislation regarding the protection of the natural person with the provisions of the Convention on the Rights of Persons with Disabilities (CRPD), adopted by the General Assembly of the United Nations Organization in 2006 and ratified by our country. As a result of this approach, the measure of placing under judicial prohibition, which targeted natural persons lacking discernment due to alienation or mental debility, is replaced by special guardianship. Apart from this latter measure of protection of the natural person, two other measures are regulated, for the first time in our legislation, namely judicial advice and assistance for the conclusion of legal acts. These legislative changes have an immediate, direct impact on the protection of the natural person and indirect, but undoubtedly essential, on the capacity of the natural person to perform any civil legal acts, including acts of interest for the matter of inheritances.

БИОГРАФИЯ НА АКАДЕМИК ЛЮБЕН ВАСИЛЕВ

Author(s): Petar Topurov / Language(s): Bulgarian Publication Year: 0

СПИСЪК НА ТРУДОВЕТЕ НА АКАДЕМИК ЛЮБЕН ВАСИЛЕВ

Author(s): Petar Topurov / Language(s): Bulgarian Publication Year: 0

СБОРНИЦИ В ЧЕСТ НА АКАДЕМИК ВАСИЛЕВ

Author(s): Petar Topurov / Language(s): Bulgarian Publication Year: 0

ЗА СЪОТНОШЕНИЕТО МЕЖДУ ЧЛ. 26, АЛ. 2 И ЧЛ. 31 ЗЗД – ДЕСЕТ ГОДИНИ ПО-КЪСНО ЗА КВАЛИФИКАЦИЯТА НА ДОГОВОРА, СКЛЮЧЕН ОТ ДЕЕСПОСОБНО ЛИЦЕ, КОЕТО НЕ МОЖЕ ДА РАЗБИРА ИЛИ ДА РЪКОВОДИ ДЕЙСТВИЯТА СИ В СВЕТЛИНАТА НА НАЙ-НОВАТА СЪДЕБНА ПРАКТИКА)

Author(s): Ivan Ruschev / Language(s): Bulgarian Publication Year: 0

For decades, under the influence of classical doctrine, it has been misunderstood in practice that contracts, entered into by a person, who did not understand or could not direct their actions, but was not formally placed under interdiction, are always annullable. Recently, several adjudications of the Supreme Court of Cassation aimed towards an alteration of the latter, which led to the initiation of an Interpretative case №5/2020 of General Civil and Commercial Chambers on the issue of the ratio between the nullity of transaction due to lack of consent and the nullification due to misunderstanding of actions. This paper attempts to substantiate that the contract, concluded by an able-bodied person, who at the time of its conclusion was in a state of permanent inability to understand or direct their actions, is null and void due to lack of consent (Art. 26, para. 2 Law of Obligations). Thus, it will be annullable under Art. 31 Law of Obligations, solely when this incapacity is temporary and transient.

ВЪЗРАЖЕНИЯТА ЗА ПРОТИВОРЕЧИЕ С НОРМИ ОТ ОБЩЕСТВЕН РЕД И С ОСОБЕНИ ПОВЕЛИТЕЛНИ НОРМИ И АРБИТРАЖЪТ ПО ЧАСТНОПРАВНИ СПОРОВЕ

Author(s): Petar Bonchovski / Language(s): Bulgarian Publication Year: 0

The aim of the paper is to raise a discussion about the restoration of the claim for contradiction with public order/public policy as a part of the subject-matter of the proceeding for set ting-aside of domestic arbitral awards. The analysis is based on the private law nature of the award an on its capacity of act, which is foreign to the national court-of-law system of the state where the arbitration is domesticated.

ПРИДОБИВАТ ЛИ СЕ EX LEGE ПРАВАТА ВЪВ ВРЪЗКА С РЕАЛИЗИРАНЕ НА ГАРАНЦИОННАТА ОТГОВОРНОСТ ОТ ПОСЛЕДВАЩИТЕ КУПУВАЧИ НА ИМОТА?

Author(s): Petar Topurov / Language(s): Bulgarian Publication Year: 0

The report examines the contradictions in the caselaw regarding the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder. The lack ofexplicit legislative provisions for such a possibility is indicated asthe main weakness of the existing legal framework. In the courseof the study, a distinction was made between warranty liability andspecific liability under Art. 163, para. 3 of the Territorial PlanningAct. In conclusion, de lege ferenda proposal is made for an explicitprovision about the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder.

ПРАВНИ ПРОБЛЕМИ НА КРИПТОВАЛУТИТЕ

Author(s): Ivan Nikolaev / Language(s): Bulgarian Publication Year: 0

The article reveals some of the peculiarities inthe definition of cryptocurrencies in the European and Bulgarianlegislation, as well as the licensing requirements for the companiesoperating with cryptocurrencies.

ПОНЯТИЕТО „ДРУЖЕСТВО“ ПО СМИСЪЛА НА ЧЛ. 54 ДФЕС

Author(s): Alexander Nikolov / Language(s): Bulgarian Publication Year: 0

Taking into account the fact that freedom of establishment is a cornerstone of the internal market, and companies are the main participants in it, whose activities often extend beyond national borders, it is understandable why the term „company“, used in Art. 54 of the TFEU, needs theoretical consideration. The question whether or not there is a company is a preliminary regarding the access to the proclaimed in Art. 49 of the TFEU rights. The article focuses on the specifics of the term „company“ in the context of Art. 54 of the TFEU.

ПОСЛЕДИЦИ ОТ ОТКРИВАНЕ НА ПРОИЗВОДСТВОТО ПО СТАБИЛИЗАЦИЯ НА ТЪРГОВЕЦ

Author(s): Meriyam Sapundzhieva / Language(s): Bulgarian Publication Year: 0

In the present scientific article are discussed the consequences of opening of preventive restructuring proceedings of a merchant – namely discussed are the judiciary act, issued by the court and what are its aims and legal consequences, the legal consequences regarding the merchant, the creditors and third persons,and lastly the consequences regarding the limitation periods.

ОТНОСНО ВЪЗМОЖНОСТТА СПОРЪТ В ПРОИЗВОДСТВОТО ПО КОЛЕКТИВНИ ИСКОВЕ ДА БЪДЕ ДОБРОВОЛНО УРЕДЕН ЧРЕЗ СЪГЛАШЕНИЕ

Author(s): Delyan Dzhurov / Language(s): Bulgarian Publication Year: 0

This study is devoted to the possibility of the dispute in the special claim proceedings on collective claims to be settled voluntarily through an agreement. The issue is considered in historical and comparative aspect, as the main problems and the solutions offered are traced. Based on the review, the rule of art. 384 CPC is also analyzed and conclusions concerning its nature are made.

ОТЛАГАНЕ НА ВЪВОД ВЪВ ВЛАДЕНИЕ

Author(s): Gyulbahar Kesedzhi / Language(s): Bulgarian Publication Year: 0

The report examines the preconditions for postponing the repossession; the persons in respect of whom the repossession may be postponed; the actions taken by the privet enforce mentagent in postponing the repossession; the possibility of postponing the repossession in other proceedings is considered; a comparison is made with French law.

ФИНАНСИРАНЕ И ЕФЕКТИВНОСТ НА ПРАВНАТА ПОМОЩ – АКТУАЛНИ ПРАВНИ ПРОБЛЕМИ

Author(s): Elka Porominska / Language(s): Bulgarian Publication Year: 0

Financing of legal aid in Bulgaria. Analysis of the status and official data in Bulgaria. International and European Standards on Legal Aid. EU law regarding the efficiency of legal aid with the aim of ensuring real access to justice. Current legal issues illuminated by the analysis and de lege ferenda proposals.

Raportul dintre dreptul Uniunii Europene și dreptul român, din perspectiva implementării smart contracts

Author(s): Eduard-Alexandru Florea / Language(s): Romanian Publication Year: 0

The disruptive potential of new technologies generates perspectives that are likely to lead to a fundamental and multi-dimensional change in the field of contract law. Perhaps the most important dimension of change, the globalizing nature of these technologies, requires a serious analysis of the current balance between national, community, international and transnational legal systems. Smart contracts, as a blockchain application, impose an approach that does not take into account, by its essence, any traditional jurisdiction, be it national or supranational. Thus, an analysis regarding the special relationship between European Union law and Romanian law on this matter, as well as regarding the general compatibility of European Union law, as a supranational system, with smart contracts becomes necessary.

Относно някои проблеми на предсрочната изискуемост по договор за банков кредит в гражданския процес

Author(s): Ivaylo Toskov / Language(s): Bulgarian Publication Year: 0

The report looks into ongoing issues in legal theory and court practice, related to acceleration clauses in bank loan contracts. Main concepts such as the importance of due date in contract as well as the creditor’s right to demand performance before its occurrence, in art. 71 of the Contracts and Obligations Act, as well as art. 432 of the Commercial Act and art. 60, par. 2 of the Credit Institutions Act. The report also considers the court practice that was formed after the ruling of the Supreme Court of Cassation’s Commercial and Civil Chambers’ Interpretative Decision № 4 of 2013, and some legislative interferences.