pavel margarit & associates Archives - Page 6 of 20

Law regarding giving in payment of immovable property for redemption of obligations under loan agreements was adopted by the Senate

According to the legal provisions, notwithstanding the Civil Code, the consumer has the right to have his debt with all accessories, cleared at no extra cost, by giving in payment the mortgaged property in favor of the creditor, if the parties to the credit agreement do not reach any agreement. To benefit from the settlement […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution, White collar crime

The Law amending the criminal record was modified

The law was amended for the need to facilitate the access of Romanian citizens abroad to effective and efficient public services from the Romanian state in the context of computerization of the consular procedures performed by diplomatic missions and consular offices of Romania abroad. According to the Ordinance, Law no. 290/2004 was amended and supplemented […]

By : Jun 13, 2017 No Comment

Articles, Banking and Capital Markets

It was approved the Order on the procedure for declaring inactive taxpayers

According to the Order, the taxpayers / payers declared inactive will have the VAT registration cancel by default, starting with communication of the decision of declaring the inactivity. Taxable persons who had canceled the registration for VAT due to their declaration of tax inactivity, at the reactivation will request the registration for VAT to the […]

By : Jun 13, 2017 No Comment

Articles, Corporate Commercial and M&A

Draft order regarding the procedure of registration for VAT

According to the Project, the procedure is applicable for issuing the Decision on registration for VAT of taxable persons which have the headquarter of the economic activity in Romania and performs or intends to carry out an economic activity involving taxable transactions exempted from VAT with right of deduction and / or operations resulting from […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

ICCJ decision on whether to grant compensation for loss of earnings

“In order to establish the monetary equivalent of the damage apply the principles established by art. 1084 – 1086 C. civ. of 1864, meaning that the damage should include actual losses and lost profit, the repair of only the damage foreseeable when the contract was closed, respectively the direct damage, in causal connection with the […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

Constitutional Court’s decision on the cessation of entirety by judicial partition

The object of the exception of unconstitutionality is the provisions of art. 990 paragraph (1) of the Code of Civil Procedure. The Court observes that, after addressing the Court, the Code of Civil Procedure was republished in the Official Gazette of Romania, Part I, no. 247 of 10 April 2015 and after the renumbering of […]

By : Jun 13, 2017 No Comment

Articles, Corporate Commercial and M&A

Timisoara Court of Appeal decision on the refusal of the administrator to convening the General Meetings of the Shareholders at the request of a shareholder

According to the facts of the case brought before the Court, as provided in the Articles of Association of the company defendant, the director convenes the general meeting of shareholders at least once a year or whenever necessary. Through the same Articles of Association was not performed an embodiment of convening the General Meeting of […]

By : Jun 13, 2017 No Comment

Articles, Banking and Capital Markets

Preliminary ruling on the nature of the consumer loan. Ruling of the EUCJ

1. Must it be held that, pursuant to Article 4(1)(2) (investment services and activities), Article 4(1)(17) (financial instruments) and Annex I, Section C, point (4) (forward currency contracts, derivative instruments) of Directive [2004/39/EC] (1) (˜the directive), the offer of an (exchange rate) transaction to a client which, under the legal form of a foreign currency denominated loan agreement, consists […]

By : Jun 13, 2017 No Comment

Articles, Banking and Capital Markets

Intrebare preliminara cu privire la natura contractului de credit de consum. Decizia CJUE

1. Trebuie sa se considere ca, in conformitate cu articolul 4 alineatul (1) punctul 2 (servicii si activitati de investitii) si punctul 17 (instrumente financiare), precum si cu anexa I sectiunea C punctul 4 (tranzactii valutare la termen, instrumente derivate) din Directiva [2004/39/CE] (1), oferta adresata clientului unei tranzactii (pe cursul de schimb) care, sub forma […]

By : Jun 13, 2017 No Comment

Articles, Dispute Resolution

CJUE. Right of subscribers terminate the contract without penalty

This request for a preliminary ruling has been made in proceedings between the Verein fÃ¼r Konsumenteninformation (Consumer Information Association, ˜the Association) and A1 Telekom Austria AG (˜A1 Telekom Austria) concerning the latters use of allegedly unlawful terms in consumer contracts. By its question, the referring court asks, in essence, whether Article 20(2) of Directive 2002/22 must […]

By : Jun 13, 2017 No Comment

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Tag: pavel margarit & associates

Law regarding giving in payment of immovable property for redemption of obligations under loan agreements was adopted by the Senate

The Law amending the criminal record was modified

It was approved the Order on the procedure for declaring inactive taxpayers

Draft order regarding the procedure of registration for VAT

ICCJ decision on whether to grant compensation for loss of earnings

Constitutional Court’s decision on the cessation of entirety by judicial partition

Timisoara Court of Appeal decision on the refusal of the administrator to convening the General Meetings of the Shareholders at the request of a shareholder

Preliminary ruling on the nature of the consumer loan. Ruling of the EUCJ

Intrebare preliminara cu privire la natura contractului de credit de consum. Decizia CJUE

CJUE. Right of subscribers terminate the contract without penalty

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