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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Legal Developments Worldwide

Articles contributed by Tuca Zbarcea & Asociatii

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The Dispute Resolution Review Sixth Edition - Romania

March 2014 - Litigation & Dispute Resolution. Legal Developments by Tuca Zbarcea & Asociatii.

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Disputes in Romania are settled in court in the vast majority of cases, under procedures regulated mainly by the new Civil Procedure Code (CPC). The CPC entered into force on 15 February 2013, has carried out a systemic and extensive overhaul of the Romanian dispute resolution model. With a specific focus on acceleration of trial proceedings, the new regulation has reformed both the schedule and the content of proceedings taking place in various phases of the lawsuit, while attempting to clarify many of the controversies raised by interpretable provisions in the former regulation.

Ţuca Zbârcea & Asociaţii: Getting the Deal Through – Dominance 2014

February 2014 - EU & Competition. Legal Developments by Tuca Zbarcea & Asociatii.

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The Romanian Competition Council (RCC) practice has defined dominance by referring to cases where an undertaking is able to behave, to an appreciable extent, independently towards its competitors or clients on the relevant market.

 

The Mining Law Review Second Edition - Romania

January 2014 - Projects, Energy & Natural Resources. Legal Developments by Tuca Zbarcea & Asociatii.

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Before 1989, when the Communism regime fell, mineral resources in Romania were exploited by state-owned companies. Although these exploitations were advertised as big economic successes of the communist governments, in reality, most of them were using outdated technology and some caused significant pollution in the mining perimeters. Moreover, in the context of Romania's negotiations to join the European Union, some of the mining exploitations had to be shut down as they were far from being compliant with the European environmental standards.

How can the Romanian Constitution be revised

March 2013 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .

Better Business in Romania - Corporate

January 2012 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Cornel Popa, Partner Tuca Zbârcea & Asociatii

Cristian Radu, Managing Associate Tuca Zbârcea & Asociatii

Business activities in Romania may be carried out as a rule by companies (which may be owned without any restrictions by Romanian or foreign shareholders) or by other forms of business organizations such as authorized individuals, individual undertakings or family undertakings within the framework set out in the Companies Law No. 31/1990 (the Companies Law) and the Government Emergency Ordinance No. 44/2008 on the performance of business activities by authorized individuals, individual undertakings and family undertakings (GEO 44/2008). 

Creditor and Debtor Disputes

January 2012 - Finance. Legal Developments by Tuca Zbarcea & Asociatii.

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Ionut Serban, Partner Tuca Zbârcea & Asociatii

Economic instability in the last year has continued to exert significant pressure on the budgets of companies in debt, with amiable payment of outstanding receivables still usually challenged and subject to delay. This, in turn, has increased the number and complexity of disputes issued in courts and in arbitration, calling forth new developments in the dispute resolution system.

Public Procurement and Concessions

December 2011 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Serban Pâslaru, Partner Tuca Zbârcea & Asociatii

Vlad Cercel, Managing Associate Tuca Zbârcea & Asociatii

Public procurement, concessions and public-private partnerships in Romania are regulated by a set of enactments which set forth the legal framework within which co-operation between the public sector and the private sector may be established with a view to developing public projects with the involvement of the private sector.

A Judge's Power to Adapt or Terminate a Contract Under the New Civil Code of Romania

December 2011 - Crime. Legal Developments by Tuca Zbarcea & Asociatii.

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Ioana Gelepu, Partner Tuca Zbârcea & Asociatii

Hardship is one of the entirely new concepts to feature in the New Civil Code of Romania (NCC).

Romania's Civil Code Where Do We Stand After 147 Years?

November 2011 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Robert Roşu, Partner Tuca Zbârcea & Asociatii

The basis of the modern judicial system in Romania is laid out in the Civil Code, Criminal Code, Civil Procedure Code and Criminal Procedure Code, originally drawn up under the Romanian ruler Alexandru Ioan Cuza in 1864 in order to reflect the realities of a rapidly evolving society in Romania at that time. 

Abuse of Rights under the New Civil Code of Romania

November 2011 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Christina Vlădescu, Partner Tuca Zbârcea & Asociatii

A substantial change brought about by the New Civil Code of Romania (NCC), with a potential impact on future case law, is the codification of legal doctrine and case law on the concept of abuse of rights.

Romania's Gambling Law Amendments. A Lawyer's Analysis

November 2011 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Cristian Radu, Managing Associate Tuca Zbârcea & Asociatii

  The Romanian government recently passed Government Decision No. 823/2011 which amends and supplements the functioning of Government Emergency Ordinance No. 77/2009 on the organisation of gambling activities - the primary piece of legislation for the sector. This new enactment had a particular focus on the online gambling market and has introduced, for the first time, conditions for the licensing of online gambling operators and for the organisation of online gambling activities

Overview of the Romanian Real Estate Market

November 2011 - Real Estate & Property. Legal Developments by Tuca Zbarcea & Asociatii.

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Dan Borbely, Partner Tuca Zbârcea & Asociatii

Raluca Mişu, Senior Associate Tuca Zbârcea & Asociatii

 

In line with the massive development of the worldwide real estate industry, which reached its peak in 2008, the Romanian real estate market witnessed a period of significant change and achievement. The residential, office and retail sectors have rapidly developed and in less than a decade Romania’s real estate environment has substantially changed.

The Corporate Governance Review

September 2011 - Corporate & Commercial. Legal Developments by Tuca Zbarcea & Asociatii.

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Argentina

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The International Comparative Legal Guide to:

January 2011 - Litigation & Dispute Resolution. Legal Developments by Tuca Zbarcea & Asociatii.

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Pharmaceutical Advertising 2010. A practical cross-border insight into pharmaceutical advertising. Advertising of medicinal products in Romania is specifically regulated under Title XVII (Pharmaceutical Products), Chapter VIII (Advertising) of Law No. 95/2006 on the health sector reform (Law 95/2006, the Law), implementing Directive 2001/83/EC on the Community Code relating to medicinal products for human use. Other general enactments regarding advertising apply also the medicinal products.

Commercial Law in Romania: New enactments in force

August 2008 - Tax & Private Client. Legal Developments by Tuca Zbarcea & Asociatii.

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Commercial Law in Romania: New enactments have been recently enforced - Law No. 118/2008 for the approval of Government Emergency Ordinance No. 119/2007 on the measures for fighting against the delay in the performance of the payment obligations resulting from commercial agreements (“Law No. 118/2008”), the Emergency Ordinance No. 79/2008 of 18 June 2008 on economic-financial measures for certain business entities (“G.E.O. No. 79/2008”) and the Emergency Ordinance No. 90/2008 on the statutory audit of annual financial statements and of consolidated annual financial statements („G.E.O. No. 90/2008”).Read more...