Formal validity of an arbitration agreement is closely linked to the consent of the parties to arbitration. The requirement of arbitration agreement in written form is intended to ensure that the parties actually agreed on resolving the dispute through arbitration. Therefore, matters related to the performance of formal requirements of arbitration agreement and the necessary approval for arbitration, expressed under the arbitration agreement, are often interrelated and jointly approached. In accordance with the Convention of New-York (1958), the arbitration agreement enforcement, and of any other decision, requires an arbitration agreement concluded in writing. The formal requirements do not necessarily promote legal certainty, frequently being sources of circumstantial disputes. For these reasons, the requirement of arbitration agreement in written form, in most national laws and under the Convention in New York, was more liberally construed. In any case, the requirements of the arbitration agreement to be concluded in written form should be construed more dynamically, in the light of modern means of communication.

In the judicial practice, there are divergent opinions regarding the settlement of cases in which the reports drawn up by the Labor Inspection are contested, invoking the inexistence of work accidents. Some courts have considered that the litigation should be tried by the administrative sections in the courts of law, others have decided that trial courts have the competence required to solve the case in the first instance and a third opinion is that of dealing with the case separately and of solving the aspects regarding the administrative sanctions and, respectively, the nature of the accident by different courts. The author considers that the complaints against this type of reports fall under the jurisdiction of trial courts and not under the jurisdiction of administrative courts.

The above study examines the issue of the articles of association and the nullity of the legal entity in the new Romanian Civil Code (adopted by the Parliament, published in the “Official Journal of Romania”, but not yet effective). In dealing with the above-mentioned issue, the author examines the nullity of a company’s articles of association (in Law no. 31/1990 on companies and in the new Civil Code), the effects of a company’s nullity, the legal entity’s nullity – in the current law and in the new Civil Code –, the effects of the legal entity’s nullity, as well as the European source of the legal entity regulation in the new Civil Code (Directive 2009/101/EC, a directive abrogating and replacing the Directive 68/151/EEC).

Obligația celui care a edificat o construcție pe terenul altuia de a o ridica la solicitarea proprietarului terenului are caracter civil, în condițiile în care pãrțile nu au dovedit cã respectiva obligație ar avea în vedere un fapt obiectiv de comerț cuprins în obiectul de activitate al vreuneia dintre ele pentru a fi incidente dispozițiile art. 3 sau cele ale art. 56 C.com. și nici cã prin voința lor obligația de a face în discuție ar fi dobândit o naturã comercialã, așa cum prevede art. 4 C.com. (Înalta Curte de Casație și Justiție, Secția comercialã, decizia nr. 1448 din 14 mai 2009).

The group of economic interest is created as a partnership between two or more physical or juridical persons and its aim is to facilitate or to develop the economic activity of its members or to improve the results of their activity, on a determinated period. The group of economic interest was first created in French Law and it was created as an intermediar structure between a trading company and an association. The organisation and the function of a group of economic interest is increased on his members’ will. The idea of creating a group of economic interest was determined/born out of the necessity to provide a judicial instrument what attenuates the formalism of a trading company, but also removes the disadvantages of an associatioan regarded to the lock of juridical personality. The trading companies implied in such a group maintain their administrative and functional authonomy and their own identity as a juridical person. The European Group of Economic Interest is a legal person which aims, exclusively, the cross-border economic cooperation between European Union member states. The European Group of Economic Interest is, generally, a legal person (except for some member states like Italy, Austria or Germany). The acknowledgement of this statute helps realizing the group’objectives (the development of the member’s activities). In all states, a group has the capacity, in his own name, to have the any kind of rights and obligations. A group can conclude a contract or any other legal act, can take part in lawsuite, accordingly to European Law. The areas that are not mentioned by the stipulations of the european Council’s Regulation are regulated by the competition and intellectual property national law. The European Group of Economic Interest, at least theoretically, proves to be a flexible legal instrument, first of all, because it adapts to the different needs of its members. First of all a European Group of Economic Interest offers for its members the possibility to unite their forces and resources in order to obtain better economic results together. Its advantage stands in the flexibile organisation and function and in the fact that it does not necessary require a registered capital.

In this study, the authors are analyzing the protection of the confidentiality of the attorney-client relationship in the European competition law, on the one hand, from the perspective of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and of the jurisprudence of the European Court of Human Rights, and, on the other hand, from the perspective of the Court of Justice of the European Union and of the union regulations in the field. The authors are also referring to the Romanian legislation in the field, as well as to the latest trends in the doctrine and jurisprudence regarding the tackled issue.