Articles

 

Elimination of the legality control exercised by the judge upon registration in the Trade Register and the impact of this measure

On July 26 th 2022, the Law No. 265/2022 on the Trade Register and on the amendment and completion of other acts affecting the registration in the Trade Register was published in the Official Gazette. This law will enter into force on November 26 th 2022.

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Societal differences: The legal rules governing the exclusion of an associate from a company

Companies are based on the product of the willful agreement of several persons who decide to work together within the company, an agreement reinforced by the essential affective element of the company contract - affectio societatis .

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The limitation of the substantive right of action in the execution of administrative contracts

In this material, we will address a matter of general interest for companies regarding the contractual relationship with a public authority. 

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Public procurement: What are the confirmation documents issued by the contracting authority and how to contest them?

In this article, we will address a matter of general interest for economic operators participating in public procurement procedures.

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Brief analysis of the obligation to remit land or make investments based on urban planning documentation

The development of any real estate project involves going through the stages required by Law no.50/1991 on the authorization of construction works under Law no. 50/1991 and at the same time of Law no. 350/2001 on the regional planning and urbanism.

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The right of the employee and former employee to access the general register of employees online

Technology is evolving faster and faster and the consequences are also reflected in the legal field. In this article, we will present the legislative changes in the field of labor law. These changes are relevant to employers, employees, and former employees alike.

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Copyright issues relating to computer programs

According to Article 7 para. (1) of Law No 8/1996, "The subject matter of copyright is original works of intellectual creation in the literary, artistic or scientific field, whatever the mode of creation, mode or form of expression and regardless of their value and purpose, such as: a) literary and publicistic writings, lectures, sermons, speeches, lectures and any other written or oral works, as well as computer programs".

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Facilitating and simplification the procedure for the employment of citizens of Ukrainian nationality by Romanian employers

The military invasion of Ukraine by the Russian Federation and the ampleness of the massive influx of displaced persons also had an effect on the legal provisions in Romania. This once again highlights the fact that there is a strong, interdependent binding between law and society.

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Disclosure requirements for real property intermediation purposes

Real estate transactions are among the most common transactions nowadays, whether they involve renting or leasing/buying real estate.

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Transnational posting of employees. Conditions and tax implications

Transnational posting of employees. Conditions and tax implications

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About inventions and their patenting

The patent is the official document issued by a State, which provides protection to the owner of an invention, whether a product or a process.

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The possibility of annulling urban planning documentations

In order to execute any property or building complex, the authorization of execution activities in accordance with Law 50/1991 shall only be granted within the limits set out in the urban planning documentation (General Urban Plan, Zoning Urban Plan, and Detailed Urban Plan).

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Mechanisms of protection against changes in energy costs

At the moment, one of the recurring discussions in our society is centered on the issue of the increase in energy tariffs, in terms of both electricity and natural gas.

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Simplification of VAT-bearing transactions: reverse charge

The Value Added Tax ("VAT") is certainly the most common tax, essentially being a consumption tax paid by the final consumer of a product or service.  It is harmonized at the European level, having the benefit of common rules in all EU Member States.

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Joint venture - concept and comparative analysis

The joint venture contract is defined by Article 1949 of the Civil Code as: "a contract by which a person grants one or more persons a share in the profits and losses of one or more operations which he undertakes".

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Implications of public disclosure of audio and/or audiovisual works in the absence of the specific license

Through this article, we will address an issue of general interest for economic operators that broadcast audiovisual and/or audio materials through sound or image playback systems in their premises or work points.

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Reconciling private property rights with public utilities in the energy sector

Reconciling private property rights with public utilities in the energy sector - the interference between public and private interest

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Commercial identity

Consideration upon the registration and protection of trademarks

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Unjustified tardiness of the administrative

Unjustified tardiness of the administrative, preliminary complaint- a quick way to reject complaints and actions in the field of urban permitting

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Special VAT regime

Value-added tax ("VAT") is the most common tax liability in the activity of any legal entity. This is essentially a consumption tax, which applies to almost all goods and services sold/purchased and should, in principle, be borne by the final consumer.

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A new way of making buildings legal

The general rule in Romanian law is that execution of construction works must be authorized, according to Article 1 of Law No 50/1991 on the authorization of construction works performance ("Law No 50/1991"). This rule is subject to exceptions expressly regulated by the above-mentioned rule, such as that for conservation works or works concerning special constructions (Article 1 para. (3) of Law No 50/1991).

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LEGISLATIVE BULLETIN: Law no. 62/2020 on some facilities from the payment of rent for the period of the state of emergency

Context On 21.05.2020, the Law no. 62/2020 on the application of rent facilities for the period related to the state of emergency (hereinafter "Law no. 62/2020") was published in the Official Gazette of Romania no. 425.

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Declaring a state of emergency- General shareholders meeting, convening and organising procedure

In the context of the spread of the SARS-CoV-2 virus, the Romanian Government has intervened with a series of specific measures in order to balance the desire to ensure public health with that of assisting the activity of economic operators.

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