Articles

  • Is Self-Help Repossession Possible in Central and Eastern Europe? The Case of Hungary, Romania and Slovakia
Abstract:

To create healthy and efficient market economy, a viable legal framework which protects the ownership of individuals is a requirement. A part of this legal framework is formed by a secured transactions law which in the United States represent one of the most important branches of laws which allows the creditor to take a security interest on a debtor’s collateral and in case of default the creditor is entitled to take advantage of the collateral directly. Since the beginning of the 1990s in the area of Central Europe there have been several attempts to introduce new secured transactions law. This effort succeeded only partially and therefore the whole system does not work efficiently. Central and Eastern European countries suffer from devotion to “traditional legal principles” which stem up from Roman legal tradition and therefore are unable to reflect upon new market tendencies appropriately. In this article we introduce and describe the self-help repossession which represents an extrajudicial enforcement tool for secured creditors in the United States. Subsequently, we assess the self-help repossession in our legal systems, in particular Slovakia, Hungary and Romania. It will be shown that despite Supreme Court’s or Constitutional Court’s decisions prohibiting self-help repossession, this enforcement tool is frequently applied and exercised.
  • Piercing the Corporate Veil: US Lessons for Romania & Slovakia
Abstract:

This article describes and analyses the doctrine of piercing the corporate veil. First it introduces this doctrine and its history and development in the United States – the jurisdiction which represents its. Second, it analyses its possible implementation within two chosen jurisdictions in Central and Eastern Europe: Romania and Slovakia. Authors’ aim is to assess their home jurisdictions and whether they apply the doctrine or only some parts of it or nothing at all. Authors go through different areas of the legal system, as company law, civil law or bankruptcy law and reflect on them. Finally, authors reason why this doctrine is of an importance to any legal system and why the legislators in CEE region should insert and apply it.
  • Comparative Analysis of Voidable Transfers under the US, Czech and Romanian Bankruptcy Law
Fraudulent Transfers 2013
Abstract:
The paper deals with voidable transfers under the US, Czech and Romanian law. By using the American law as benchmark the paper focuses on the powers of the bankruptcy trustee under federal and state law, the functional importance of such powers and the policies supporting them. It then analyses in detail the respective provisions of the Czech and Romanian law referring both to the doctrine and the relevant case law. In the concluding part, the article identifies main similarities and differences between the three jurisdictions and the aspects which might be reconsidered based on the American model.
  • Contractul de Farm-Out
www.juridice.ro, 2012
Abstract:
Contractul de transfer al drepturilor derivate din acordurile de concesiune petroliera (cunoscut drept contractul de Farm-Out, este unul dintre cele mai uzitate contracte in industria petroliera, inclusiv in Romania. Cu toate acestea pana in prezent mediul academic nu i-a acordat suficienta atentie. Articolul de fata doreste sa umple acest vid si sa ofere celor interesati o prezentare de ansamblu a contractului din perspectiva legislatiei romane in materie. De asemenea, fara a fi exhaustiv, articolul analizeaza in detaliu cele mai importante aspecte, atat teoretice cat si practice,  ale contractului, cu dorinta declarata de a oferi juristilor care activeaza in domeniu un instrument care sa le fie cat mai util in activitatea lor. Nu in ultimul rand, speram ca articolul sa fie doar punctul de start al analizei unui domeniu de o importanta capitala si care, din motive inexplicabile, a fost ignorat pana acum de doctrina juridica romaneasca.
  • Country Report – Romania: The Target for Renewable Energy Production for 2020 Has Already Been Reached – But Is It Really Good News?
Renewable Energy Law and Policy Review, Volume 6, Number 1, 2015