2. Articole

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    Problemele actuale ale instituţiei insolvabilităţii transfrontaliere în dreptul internaţional privat
    (CEP USM, 2024-11-07) Bancu, Cristina
    In the current modern context, the legal regulation of cross-border insolvency issues in the field of private international law becomes particularly important considering the complicated economic situation and foreign policy worldwide. In such conditions, current problems related to protecting the rights and legal interests of creditors become highly relevant. This article examines current issues of cross-border insolvency institution and the tasks of improving insolvency procedures with foreign elements. It addresses the following problematic and significant questions: i) the issue of ,,bankruptcy tourism” (and closely related issues of mutual recognition of judicial decisions and procedural rejection); ii) the imposition of subsidiary liability on individuals controlling the debtor and iii) problematic aspects of conflict of laws regulation concerning challenging and invalidating debtor transactions. Special attention is focused on complex approaches in choosing the applicable law in such situations. The methods and materials applied in this research are based on scientific articles by foreign researchers in the field, employing various scientific research methods: analysis and synthesis, systemic method, comparative method, and legal interpretation. Based on studying the experience of the Republic of Moldova and other states in applying the rules of private international law in judicial practice regarding cross-border insolvency cases, it is concluded that the national legal framework regulating cross-border insolvency relations requires additional modifications, particularly concerning accepting the provisions of EU Regulation No. 2015/848 of 05/20/2015, which resolve several disputed issues that arise when selecting the applicable law in cross-border insolvency matters. Additionally, regional agreements’ adhesion or signing is necessary.
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    Reflecţii asupra regimului de drept internaţional privat al contractelor de asigurare
    (CEP USM, 2024-11-07) Babără, Valeriu
    The subject addressed in this article represents an analysis from the point of view of private international law of the resolution of conflicts of laws in the matter of insurance contracts, i.e. the determination of the law applicable to them through the conflict solutions provided by art.2621 of the Civil Code, taken from art.7 of Regulation( EC ) no.593/2008 of the European Parliament and of the Council regarding the law applicable to contractual obligations, also known as Rome I, as well as the aspects that configure the scope of the law applicable to insurance contracts.
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    Armonizarea drepturilui internațional privat al Republicii Moldova cu legislația Uniunii Europene
    (Print-Caro, 2023-03-15) Dodon, Adriana
    The EU integration process is an important step forward for the Republic of Moldova. One of the best ways to become closer to the EU is to amend the national legislation to the European unique legislative framework. The legal approximation was a turning point in regard to new regulations upon private international law, as the Civil code was significantly amended in 2019. The process of legal approximation implies the use of methods and techniques for transposing EU legislation into Moldova's national legislation. The main purpose of legal approximation for civil relations in private international law, for example, is to ensure the is a uniform regulation to the same kind of subjects, within different countries or citizenships.
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    SOLUŢIILE ABORDATE ÎN DREPTUL CONFLICTUAL AL UNIUNII EUROPENE ÎN DOMENIUL CONTRACTELOR DE MUNCĂ
    (CEP USM, 2018) Babără, Valeriu
    Prezentul studiu se referă la regimul conflictual al contractelor de muncă analizate din punctul de vedere al Regulamentului Roma I. Astfel, sunt analizate soluţiile privind legea aplicabilă condiţiilor de fond şi de formă ale acestor categorii de contracte, precum şi aspectele care exced domeniului de aplicare a Regulamentului Roma I.