My name is Maria-Magdalena Cardis. I am currently a legal advisor, naturally interested in research. The domains I am interested n are mainly in the very broad field of private law, mainly international arbitration, commercial law, company law or other related branches. In my free time, i listen to music, do yoga, read.
Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law, 2016
In the matter of contracts, the Civil Code regulates, in article 1169 the freedom to e... more In the matter of contracts, the Civil Code regulates, in article 1169 the freedom to enter into a contract by stating that the „parties are free to enter into any contracts and to determine the content of those contracts, within the limits stated by law, public order and morals”. As a result, the parties are free to reach an understanding regarding the way in which they will create, change, execute or terminate a legal act, within the limits stated above. This is achieved by writing in the contract the so-called arbitration clause. However, we must state that this procedure does not restrict free access to justice; it offers the parties another possibility of solving a potential conflict thus ensuring a closer connection between man and justice, by facilitating the free access to several types of manifestation in human society.
Romanian Law 100 Years After the Great Union. Dimensions and Trends, 2017
At a national and international level, the arbitral tribunals are acknowledged and ac... more At a national and international level, the arbitral tribunals are acknowledged and accepted as being judicial bodies having a similar activity with the one of a national court or tribunal. In spite of this, at the level of the European Union, these are not seen as being very similar, given their conventional nature.At first, the point of view of the CJEU was that an arbitral tribunal cannot be seen as a ‘court or tribunal of a Member State’, today the rule seems to also know some exceptions in several specific cases. In this manner, it can be observed that in a few situations an arbitral tribunal has been considered as being a ‘court’, as for in other situations this quality has been denied.In the present context, the CJUE analyses in deciding whether an arbitral tribunal can make a referral for a preliminary ruling, among other factors, the domestic law of the Member Sate of the specific arbitral tribunal. Taking into consideration the provisions of Art. 146, d) of the Romanian Constitution, it would be interesting to see if a request for a preliminary ruling coming from a Romanian arbitral tribunal would be solved by the CJEU, or it would be rejected, for the arbitral tribunals are not “courts or tribunals of a Member-State.
Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law 1:169-178, 2017
It is not uncommon to acknowledge that a Directive has as a declared purpose to create the legal ... more It is not uncommon to acknowledge that a Directive has as a declared purpose to create the legal framework in order to solve the conflict between the quick advance of technology and the rule of Law. It is also the case of the current Directive, which tries to create the premises in order for the member-states to adopt their own legislation so as to protect the valuable information that is perceived as know-how. Considering that the concept has no definition, the aim of this paper is to define the concept of know-how and to distinguish it from the similar notion of trade secret, departing from the already existent doctrine and legal provisions.
Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law, 2016
In the matter of contracts, the Civil Code regulates, in article 1169 the freedom to e... more In the matter of contracts, the Civil Code regulates, in article 1169 the freedom to enter into a contract by stating that the „parties are free to enter into any contracts and to determine the content of those contracts, within the limits stated by law, public order and morals”. As a result, the parties are free to reach an understanding regarding the way in which they will create, change, execute or terminate a legal act, within the limits stated above. This is achieved by writing in the contract the so-called arbitration clause. However, we must state that this procedure does not restrict free access to justice; it offers the parties another possibility of solving a potential conflict thus ensuring a closer connection between man and justice, by facilitating the free access to several types of manifestation in human society.
Romanian Law 100 Years After the Great Union. Dimensions and Trends, 2017
At a national and international level, the arbitral tribunals are acknowledged and ac... more At a national and international level, the arbitral tribunals are acknowledged and accepted as being judicial bodies having a similar activity with the one of a national court or tribunal. In spite of this, at the level of the European Union, these are not seen as being very similar, given their conventional nature.At first, the point of view of the CJEU was that an arbitral tribunal cannot be seen as a ‘court or tribunal of a Member State’, today the rule seems to also know some exceptions in several specific cases. In this manner, it can be observed that in a few situations an arbitral tribunal has been considered as being a ‘court’, as for in other situations this quality has been denied.In the present context, the CJUE analyses in deciding whether an arbitral tribunal can make a referral for a preliminary ruling, among other factors, the domestic law of the Member Sate of the specific arbitral tribunal. Taking into consideration the provisions of Art. 146, d) of the Romanian Constitution, it would be interesting to see if a request for a preliminary ruling coming from a Romanian arbitral tribunal would be solved by the CJEU, or it would be rejected, for the arbitral tribunals are not “courts or tribunals of a Member-State.
Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law 1:169-178, 2017
It is not uncommon to acknowledge that a Directive has as a declared purpose to create the legal ... more It is not uncommon to acknowledge that a Directive has as a declared purpose to create the legal framework in order to solve the conflict between the quick advance of technology and the rule of Law. It is also the case of the current Directive, which tries to create the premises in order for the member-states to adopt their own legislation so as to protect the valuable information that is perceived as know-how. Considering that the concept has no definition, the aim of this paper is to define the concept of know-how and to distinguish it from the similar notion of trade secret, departing from the already existent doctrine and legal provisions.
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