The Faculty of Law of the Western University of Timișoara, through the Center for Business Law Timișoara, in collaboration with the Faculty of Law of the "Babeș-Bolyai" University Cluj-Napoca, through the Center for Business Law and Information Technology, organizes the National Law Conference Commercial. Now in its twelfth edition, the event takes place on June 17 and 18, 2022, in Timișoara.
The conference is attended by professors and researchers from prestigious universities in Romania, as well as other business law specialists interested in the debates circumscribed by the theme of Property in business law. The conference aims to discuss complex and current issues regarding property in business law, in terms of its prerogatives, forms, modalities, regimes and applications. From a general perspective, the topics under discussion will address the role of real rights in the property appropriation mechanism, the value as a feature of goods or patrimonial rights, the conceptual differences between thing – good – right, respectively the (in)existence of a common regime of intangible assets. At the same time, from the specific perspective of business law, the conference aims to address current topics
relevant such as corporate ownership, ownership of cryptoassets / tokens, ownership of app accounts and personal data, ownership within digital / virtual platforms and networks.
The event is addressed both to jurists (magistrates, lawyers, legal advisors, notaries public, bailiffs, etc.), and to other specialists interested in the issues addressed, being also open to students, master's and doctoral students.
This year, the conference is part of the series of events Faculty of Law from Timișoara - 30 years, on the occasion of the 30th anniversary of the Faculty of Law of the Western University of Timișoara.
Friday, June 17, 2022
9:00–9:30 Opening of the conference
Professor Lucian Bercea, Dean of the Faculty of Law at the University of the West in Timișoara
Assoc Șerban Diaconescu, Dean of the Faculty of Law at "Babeș-Bolyai" University Cluj-Napoca
Professor Radu Bufan, West University of Timișoara, director of the Center for Business Law Timișoara
Professor Radu N. Catană, "Babeș-Bolyai" University Cluj-Napoca, director of the Center for Business Law and Information Technology
9:30–11:00 Panel I
speakers:
9:30 - 9:45 Univ. Prof. Dr. Valeriu Stoica, Faculty of Law of the University of Bucharest – Again about the distinction between things, goods and patrimonial rights
9:45 AM – 10:00 PM Univ. Assoc. Dr. Șerban Diaconescu, Faculty of Law of "Babeș-Bolyai" Cluj-Napoca University
– Intellectual property and professional property. Possible reverberations on the regime of intangible assets in law
business
10:00 AM – 10:15 PM Univ. Prof. Dr. Radu Rizoiu, Faculty of Law of the University of Bucharest – The (non)corporeal things can be
and legal?
10:15 AM – 10:30 PM Univ. Assoc. Dr. Marius Harosa, Faculty of Law of "Babeș-Bolyai" University Cluj-Napoca - Current challenges of property rights; ecology, technology and democratic deliberation
10:30 AM – 10:45 PM Univ. Prof. Dr. Irina Sferdian, Faculty of Law of the Western University of Timișoara - Is property a super-right?
10:45 AM – 11:00 PM Discussions
Moderators:
Univ. Prof. Dr. Irina Sferdian, West University of Timișoara
Univ. Assoc. Dr. Șerban Diaconescu, "Babeș-Bolyai" University Cluj-Napoca
11:00 AM – 11:30 PM Coffee break
11:30–13:00 Panel II
speakers:
11:30 AM – 11:45 PM Lect. university Dr. Adina Buciuman, Faculty of Law of "Babeș-Bolyai" University Cluj-Napoca - The duty of the usufructuary to preserve the substance of the good: from the flock of sheep to securities
11:45 AM – 12:00 PM Lect. university Dr. Cristian Duțescu, Faculty of Law of the "Titu Maiorescu" University in Bucharest - Control over the patrimony of another. The obsolescence of the theory of heritage as an emanation of personality
12:00 AM – 12:15 PM Univ. Assoc. Dr. Vasile Nemeș, Faculty of Law of "Nicolae Titulescu" University Bucharest - Absolute, exclusive, perpetual, but limited ownership in business contracts
12:15 AM – 12:30 PM Lect. university Dr. Cristian Paziuc, Faculty of Law of the University of Bucharest - Real and personal in the matter of rights over crypto assets. Assumptions and consequences
12:30 AM – 12:45 PM Univ. Prof. Dr. Lucian Bercea, Faculty of Law of the Western University of Timișoara - The value of cryptoassets, between rarity and utility
12:45–13:00 Discussions
Moderators:
Univ. Prof. Dr. Radu Rizoiu, University of Bucharest
Univ. Prof. Dr. Lucian Bercea, West University of Timișoara
13:00 AM – 13:30 PM Release of a book
Irina Sferdian, Civil Law. The main real rights. Advanced study, Hamangiu, Bucharest, 2021 Presented by: Univ. Prof. Dr. Valeriu Stoica, Faculty of Law of the University of Bucharest
13:30 AM – 14:30 PM Lunch
14:30–16:00 Panel III
speakers:
14:30 AM – 14:45 PM Univ. Prof. dr. Gheorghe Piperea, Faculty of Law of the University of Bucharest - Use in the national space of the Internet
14:45 AM – 15:00 PM Univ. Prof. Dr. Carmen Tamara Ungureanu, Faculty of Law of "Alexandru Ioan Cuza" University Iași - Ownership of digital data: realities, concerns and possible solutions
15:00 AM – 15:15 PM Univ. Assoc. Dr. Lavinia Tec, Faculty of Law of the Western University of Timișoara – Character data
personal – object of appropriation or object of the contract?
15:15 AM – 15:30 PM Lect. university Dr. Dan-Adrian Cărămidariu, Faculty of Law of the Western University of Timișoara – Personal data as an economic good? Economic imperatives and legal constraints in the digital society
15:30 AM – 15:45 PM Simona Petrișor, lawyer partner, Bondoc & Asociații – Anatomy of an NFT – a (new) species of goods
incorporeal?
15:45 AM – 16:00 PM Discussions
Moderators:
Univ. Prof. Dr. Radu N. Catană, "Babeș-Bolyai" University Cluj-Napoca
Univ. Prof. Dr. Carmen Tamara Ungureanu, "Alexandru Ioan Cuza" University Iasi
16:00 AM – 16:30 PM Coffee break
14:30–16:00 Panel IV
speakers:
16:30 AM – 16:45 PM Univ. Prof. Dr. Smaranda Angheni, Faculty of Law of "Titu Maiorescu" University Bucharest -
The property right of the (commercial) company over the assets contributed by the associates. features
16:45 AM – 17:00 PM Lect. university Dr. Nicolae-Horia Țiț, Faculty of Law of the "Alexandru Ioan Cuza" University Iași - Incidents related to the enforced execution of the patrimony of professional affectation
17:00 AM – 17:15 PM Cornel Popa, lawyer partner, Țuca Zbârcea & Asociații – State interventions in the economy. There is more
property an absolute right?
17:15 AM – 17:30 PM Monica Livescu, coordinating lawyer, Livescu and Associates – Expropriation pursuant to Law 255/2010 and
affecting the ownership of the business
17:30 AM – 17:45 PM Bogdan Dumitrache, bailiff, associate teaching staff, Faculty of Law of the University
de Vest from Timișoara – An intangible asset enforceable: brand
17:45–18:00 Discussions
Moderators:
Lect. university Dr. Nicolae-Horia Țiț, "Alexandru Ioan Cuza" University Iași
Lect. university Dr. Dan-Adrian Cărămidariu, West University of Timișoara
Saturday, June 18, 2022
9:30–11:00 Panel V
speakers:
9:30 AM – 9:45 PM Lect. university Dr. Flaminia Stârc-Meclejan, Faculty of Law of the Western University of Timișoara – Corporate ownership: defining the indefinable value of the company
9:45 AM – 10:00 PM Assist. university Dr. Răzvan Scafeș, Faculty of Law of the University of Craiova – Affecting the heritage
the legal person in case of conflict of interest
10:00 AM – 10:15 PM Lect. university Dr. Codruț Savu, Faculty of Law of "Transilvania" University in Brașov - Universality of fact - fiction and reality of goodwill
10:15 AM – 10:30 PM Dr. Mihaela Sărăcută, judge, Court of Appeal Cluj, associate teaching staff, Faculty of Law of "Babeș-Bolyai" University Cluj-Napoca - But what if the associate dies?
10:30 AM – 10:45 PM Mircea Moraru, associate lawyer, CMS Cameron McKenna Nabarro Olswang – Corporate property and
the differences between the interest of the company and that of its shareholders or associates
10:45 AM – 11:00 PM Discussions
Moderators:
Univ. Assoc. Dr. Lavinia Tec, West University of Timișoara
Lect. university Dr. Sergiu Golub, "Babeș-Bolyai" University Cluj-Napoca
11:00 AM – 11:30 PM Coffee break
11:30–11:00 Panel VI
speakers:
11:30 AM – 11:45 PM Lect. university Dr. Mihai David, Faculty of Law of "Babeș-Bolyai" University in Cluj-Napoca - The shadow of property rights among contractual claims. Some assumptions relevant (and) for commercial law
11:45 AM – 12:00 PM Univ. Assoc. Dr. Florin I. Mangu, Faculty of Law of the Western University of Timișoara – The contract in the civil circuit: patrimonial or personal value?
12:00 AM – 12:15 PM Univ. Assoc. Dr. Cristian Clipa, Faculty of Law of the Western University of Timișoara – Specific observations regarding the regime of assets affected by the establishment and operation of a public enterprise
12:15 AM – 12:30 PM Univ. Prof. dr. Claudia Roșu, research assistant dr. Cătălin Lungănașu, Faculty of Law of the Western University of Timișoara - Jurisdiction of the court in disputes regarding the property insurance contract - some particularities
12:30 AM – 12:45 PM Lect. university Dr. Alin Speriusi-Vlad, Faculty of Law of the Western University of Timișoara - The legal regime of intellectual property rights, the digital single market and the new rights recognized by Directive (EU) 2019/790
12:45 AM – 13:00 PM Discussions
Moderators:
Univ. Assoc. Dr. Florin I. Mangu, West University of Timișoara
Lect. university Dr. Mihai David, "Babeş-Bolyai" University from Cluj-Napoca
13:00 AM – 14:00 PM Lunch
14:00–15:30 Panel VII
speakers:
14:00 AM – 14:15 PM Univ. Prof. Dr. Florin Moțiu, Faculty of Law of the West University of Timișoara, associate professor Dr. Dana Moțiu, Faculty of Law of the Western University of Timișoara - Specific aspects regarding property rights in the case of commission contracts
14:15 AM – 14:30 PM Lect. university Dr. Sergiu Golub, Faculty of Law of "Babeș-Bolyai" University Cluj-Napoca - Again
on Fata Morgana – "fiduciary property" in insolvency proceedings
14:30 AM – 14:45 PM Lect. university Dr. Alina Oprea, Faculty of Law of "Babeș-Bolyai" University Cluj-Napoca - Guarantees
real in cross-border insolvency proceedings
14:45 AM – 15:00 PM Stan Tîrnoveanu, partner lawyer, Laura Retegan, associate lawyer, Zamfirescu Racoți Vasile & Partners
(ZRVP) – The resistance of the mortgage on the receivables in the context of the current activity of the debtor
15:00 AM – 15:15 PM Univ. Assoc. Ph.D. Florina Popa, Faculty of Law of the Western University of Timișoara - Brief considerations on the extent of the right of recourse exercised by the third party constituting the real estate mortgage against the insolvent debtor
15:15 AM – 15:30 PM Discussions
Moderators:
Univ. Prof. Dr. Florin Moțiu, Faculty of Law of the West University of Timișoara
Lect. university Dr. Alina Oprea, Faculty of Law of "Babeș-Bolyai" Cluj-Napoca University
15:30 AM – 16:00 PM Coffee break
16:00–17:30 Panel VIII
speakers:
16:00 AM – 16:15 PM Alina Popa, lawyer and insolvency practitioner, CITR – Are there any limitations on property rights in insolvency?
16:15 AM – 16:30 PM Dr. Irinel Andrei, judge, Cluj Court of Appeal – Acquisition of the property right by the promisor
buyer under the conditions of art. 131 of Law no. 85/2014. Particular aspects
16:30 AM – 16:45 PM Dr. Flavius Moțu, judge, Cluj Specialized Court – Constructor vs. prospective buyers in insolvency proceedings
16:45 AM – 17:00 PM Dr. Ștefan Lucaciuc, judge, Timișoara Court of Appeal, The assets remaining from the patrimony of the delisted company.
Practical aspects
17:00 AM – 17:15 PM Univ. Prof. Dr. Radu Bufan, Faculty of Law of the Western University of Timișoara, Dr. Andreea DeliDiaconescu, partner lawyer, Deli & Asociații - Two conflicting notions: the status quo and the dynamics of assets in
insolvency
17:15 AM – 17:30 PM Discussions
Moderators:
Univ. Prof. Dr. Radu N. Catană, "Babeș-Bolyai" University Cluj-Napoca
Univ. Prof. Dr. Radu Bufan, Faculty of Law of the Western University of Timișoara
Organisers:
Faculty of Law within the Western University of Timișoara
Center for Business Law Timișoara
Univ. Prof. Dr. Lucian Bercea
Univ. Prof. Dr. Irina Sferdian
Univ. Prof. Dr. Radu Bufan
Faculty of Law within "Babeș-Bolyai" University Cluj-Napoca
Center for Business Law and Information Technology
Univ. Prof. Dr. Radu N. Catana
Lect. university Dr. Sergiu Golub
