Since August 2009
Honorary Members; in aphabetical order:
1. Yesim M. Atamer, Ph.D., LL.M., Associate Professor, Istanbul Bilgi University Law Faculty - http://bilgi.academia.edu/YesimAtamer/CurriculumVitae
2. Professor Dr.Dr.hon.causa.mult. Christian von Bar, FBA, Osnabruck, Germany - http://www.european-legal-studies.org/
3. M. Guy Canivet, Membre de Conseile Constitutionnele, Paris, France - http://www.concurrences.com/cv.php3?id_auteur=94&lang=en
4. Avv. Giovanna Capilli, Sapienza University, Rome, Italy - http://www.masterdirittoprivatoeuropeo.it/Pubblicazioni/Bibliografie/Bibliografie.asp?autore=Giovanna%20Capilli%20(a%20cura%20di)
5. Professor, Luis Humberto Clavería, Sevilla University, Spain - http://www.us.es/
6. Dr.Dr. Aurelia Colombi Ciacchi LL.M., Bremen, Germany - http://www.zerp.uni-bremen.de/english/personal/colombi/index.html
7. Dr. Manfred Cuypers, Judge, Germany - http://www.cdu-wedau-bissingheim.de/Vorstand.ph
7. Ass.- Prof. Dr. FABER Wolfgang - University Salzburg, Faculty of Law - http://www.uni-salzburg.at/portal/page?_pageid=140,259299&_dad=portal&_s...
8. Professor Francesca Fiorentini, Ph.D., Italy, Faculty of Law
University of Trieste - http://www.mpipriv.de/ww/en/pub/staff/fiorentini_francesca.cfm
9. Dr.jur. Christiana Fountoulakis, Basel, Switzerland-http://www.ius.unibas.ch/lehre/dozierende/privatrecht/profil/person/foun...
10. Professor J.M. Ganado, Ganado & Associates Advocates, La Valletta, Malta - www.jmganado.com
11. Professor Giuseppe Gandolfi, Pavia University, Italy - http://www.accademiagiusprivatistieuropei.it/
12. Professor Dr.Lucilla Gatt, Naples, Italy - http://www.unisob.na.it/universita/areadocenti/docente.htm?id=120
13. Jur. Damon Gibbons, Leicester, Great Britain - http://www.debt-on-our-doorstep.com/
14. Professor Dr. Willem Grosheide, Utrecht, Netherlands - http://www2.law.uu.nl/priv/cier/nl/medewerkers/wgrosheide.htm
15. Professor Dr.Dr.Stefan Grundmann, LL.M, Humbold University from Berlin, Germany - http://www.rewi.hu-berlin.de/jura/ls/gmn/
16. Professor Dr. Gábor Hamza, Professor of Law, Eötvös University, Budapest, Hungary - http://www.google.hu/search?hl=hu&q=%22gabor+hamza%22&btnG=Google+keres%...
17. Dr. Maren Heidemann, LLM, Senior Lecturer in Law, University of Westminster, School of Law, London, United Kingdom - http://www.wmin.ac.uk/law/page-731
18. Professor Dr. Martjin Hesselink, Amsterdam, Netherlands - http://www.medewerker.uva.nl/feb_english/home.cfm
19. Professor Kenji Hirata, Osaka University, Japan - http://www.dma.jim.osaka-u.ac.jp/kg-portal/aspI/RX0011D_E.asp?UNO=10264&...
20. Avocat Iordachescu-Ilie Ion, Dean of the Bucharest Bar Association - www.ilieiordachescu.ro; http://www.baroul-bucuresti.ro/index_ro.asp
21. Professor Dr. Kai-Oliver Knops,Chair in civil and commercial law, esp. bank-, capital market and consumer right, University of Hamburg, Germany
22. Irene Kull - Professor of Civil Law,
Head of the Chair of Commercial and Intellectual Property Law, Faculty of
Law, University of Tartu - http://www.oi.ut.ee/en/staff/Priv/aio
23. Professor Dr. Ole Lando, Copenhagen, Denmark - http://uk.cbs.dk/forskning_viden/institutter_centre/institutter/law/menu...
24. Professor Dr. Lete Achirica, Javier. Santiago de Compostela, Spain - http://dialnet.unirioja.es/servlet/extaut?codigo=74108
25. Professor Dr. Kåre Lilleholt, Professor, Faculty of Law, University of Oslo, Norway - http://folk.uio.no/kaareli/
26. Professor Hector MacQueen, Professor of Private Law, LL.B, Ph.D, FBA, FRSE, School of Law, University of Edinburgh, Old College, Scotland - http://www.law.ed.ac.uk/staff/hectormacqueen_53.aspx
27. Prof. Dr. iur., RiOLG Ulrich Magnus,Universität Hamburg,Fakultät für Rechtswissenschaft, Germany - http://www.jura.uni-hamburg.de/personen/magnus/
28. Professor Ugo Mattei, Alfred and Hanna Fromm Chair in International and Comparative Law at the University of California, Hastings College of the Law in San Francisco, California - http://www.hastings.edu/; Full Professor of Civil Law at the University of Turin, Italy - http://works.bepress.com/ugo_mattei/
29. Professeur Denis Mazeaud, Université Paris II, "Panthéon-Assas", Paris, France - http://www.u-paris2.fr/1196765421094/0/fiche___annuaireksup/&RH=PROF
30. Mustapha Mekki, Agrégé des Facultés de droit, Professeur à l'Université Paris XIII, Membre de l'IRDA - http://m2-sdd.u-paris2.fr/francais/formation/master/documents%20master/c...
31. Professeur Jacques Mestre, Directeur de Centre de Droit Economique, Aix-Marseille, France - http://www.cde.univ-cezanne.fr/index.php?option=com_content&task=view&id...
32. Professor Morten Midtgaard Fogt, Aarhus Universitet, Denmark - http://person.au.dk/da/mmf@jura
33. Professor Patrick O'Callaghan, Newcastle Law School, Newcastle University - http://www.ncl.ac.uk/nuls/staff/profile/patrick.o'callaghan
34. Professor Annemarie Elizabeth Oderkerk, Amsterdam, Netherlands - http://www.medewerker.uva.nl/feb_english/home.cfm
35. Professor Jelena Perovic, International Commercial Law, Faculty of Economics University of Belgrade, Serbia - http://www.ekof.bg.ac.yu/visitors/stuff/perovic.htm
36. Professor Dr. jur. Pascal Pichonnaz,University of Fribourg, Law Faculty, Switzerland - http://www.elfa-afde.org/html/about_board_fichePichonnaz.htm ; http://www.unifr.ch/dpr/
37. Professor Dr. Filipo Ranieri, Universitat de Saarlandes, Germany - http://ranieri.jura.uni-saarland.de/
38. Professor Teresa Rodríguez de las Heras Ballell, Profesora Titular Interina de Derecho Mercantil / (Interim) Associate Professor in Commercial Law
Departamento de Derecho Privado Universidad Carlos III de Madrid - http://www.concurrences.com/nr_cv.php3?id_auteur=1207
39.Professor Peter Rott, Associate Professor in European Private Law, University of Copenhagen, Denmark
40. Professor emeritus Rodolfo Sacco, Universita degli Studi di Torino, Facolta di Giurisprudenza, Italia - http://www.giurisprudenza.unito.it/sito2/default.asp?opt=docenti_ricerca... http://www.mcgill.ca/reporter/37/17/honorary/
41. Professor Dr.Dr.h.c. Reiner Schulze, Universitat Munster, Germany - http://www.law.virginia.edu/lawweb/Faculty.nsf/FHPbI/rschulze
42. Professor Sergey Stepanov,Director of Institut of Private Law, Yekaterinburg, Russian Federation - http://www.privatelaw.ru/33.html
43. Professor Matthias E. Storme, Gent University, Belgium - http://webh01.ua.ac.be/storme/
44. Professor Tibor Tajti, Serbia, Law School of the University of Novi Sad, Serbia, Director of the Doctoral (S.J.D.) Program - http://web.ceu.hu/legal/tajti.htm
45. Professeur Helene Gaudemet-Tallon - Professeur emerite de L"Universite Pantheon-Assas (Paris II), Paris, France - http://www.u-paris2.fr/1196679807812/0/fiche___annuaireksup/&RH=PROF
46. Professeur Denis-Tallon - Professeur emerite de L"Universite Pantheon-Assas (Paris II), Doyen honoraire de la Faculte de Droit de Nancy. France - http://u-paris2.fr/1196847076928/0/fiche___annuaireksup/&RH=PROF
47. Professsor Turgut Tarhanli, Dean, Faculty of Law, Istanbul Bilgi University - http://www.biyografi.net/kisiayrinti.asp?kisiid=1391
48. Professor Dr. Antoni Vaquer Aloy, Universitat de Lleida, Spain - http://www.antonivaquer.tk/
49. dr. Andrius Smaliukas, LL.M ,Advokatas, Partneris. Varul Vilgerts Smaliukas
Konstitucijos pr. 7, Vilnius, LT-09308, Lietuva
http://www.varul.com
50. Univ.-Prof. Dr. Bea Verschraegen, LL.M., E.M.M.
Leiterin der Abteilung für Rechtsvergleichung, Einheitsrecht und Internationales Privatrecht
Universität Wien - http://homepage.univie.ac.at/bea.verschraegen/
51. Jean-Paul Vulliéty, Partner, Lalive Attorneys-at-law, Professor at the University of Geneva - http://www.unige.ch/index.html; http://www.lalive.ch/e/lawyers/profile.php?id=168&lang=en
52. Professor Mauro Zamboni, Stockholm University, Faculty of Law, Sweden - http://www.juridicum.su.se/jurweb/kontakt/person.asp?lang=eng&personid=362
53. Prof.Dr.Dr. H.C. Mult Reinhard Zimmermann FBA FRSE, Director of Max-Plank-Institut fur Auslandisches und Internationales Privatrecht, Hamburg, Germany - http://www.mpipriv.de/ww/de/pub/mitarbeiter/zimmermann_reinhard.cfm
Incorporation Act
The Romanian Association
on Comparative and International Private Law Studies
Art. 1. The following:
1. Ciutacu Florică, Romanian citizen, born on 1st of May 1966 in Radomireşti, Olt district, resident in Bucharest, Lacul Zănoaga Street, no. 33, bl. M8, sc.A, ap. 27, sector 6, identified with the ID RT series, no. 343162, issued on the 9th of July 2004, by no. 21 Police Station, Bucharest, CNP (Personal Identification Number) 1660501283388;
2. Ciutacu Gheorghe, Romanian citizen, born on 19th of February 1939 in Radomireşti, Olt district, resident in Radomireşti, Olt district, identified with ID DV series, no. 652423, issued on the 6th of February 1991, by Drăgăneşti-Olt City Police, Olt district, CNP 1390219283371;
3. S.C. Themis Cart SRL, with its headquarter in Slatina, Nicolae Titulescu Bd., no. 49, registered in the Trade Register Office of Olt with no. 28/338/20.09.2002, fiscal registration no. 14894784, bank account:
RO94BUCU012823012511RO01 (lei) RO51BUCU012823012511EU01 (euro)
BIC: BUCUROBU, legally represented by Ciutacu Florică as Administrator,
Considering the provisions of art. 969 C.civ., in accordance with the provisions in Government Ordinance no. 26/2000 on associations and foundations and with the provisions from Decree no. 31/1954 regarding natural and legal persons as founder-members, we have decided to constitute an association, as follows:
Art. 2. The association name is the Romanian Association on Comparative and International Private Law Studies and it is a private law legal person, non-profit.
Art. 3. Romanian Association on Comparative and International Private Law Studies has its headquarter in Bucharest, Lacul Zanoaga Street, 33, M8, 27, Sector 6, 062299, Romania.
Art. 4. The scope of the Romanian Association on Comparative and International Private Law Studies is to promote and develop the Comparative and International Private Law science in Romania; the self-proposed objectives in order to achieve this scope are provided in the association’s Statute.
Art. 5. The association is to be constituted for an unlimited period.
Art. 6. The association’s initial share capital is formed of a real asset value of 300 lei and it is composed of the following contributions of the associates: Ciutacu Florică - 100 lei; Ciutacu Gheorghe – 100 lei; S.C. Themis Cart S.R.L. – 100 lei.
Art. 7. The entire share capital will be shown and kept in accordance with the Romanian legislation under the association’s name and it will be used exclusively for achieving its objectives.
8. The leadership organ of the association is represented by the General Assembly which is formed at its founding by the founding members.
9. The Foundation has a board of directors consisting of:
1. President: Ciutacu Florică
2. Members: Ciutacu Gheorghe, Ciutacu Maria
3. Secretary: Ciutacu Maria
Art. 10. The control of the economic and financial activity will be performed by an auditor.
Art. 11. The attributions of the leadership, administrative and control organs are provided in the association’s Statute.
22nd of June 2009
Founding members,
Ciutacu Florică
Ciutacu Gheorghe
S.C. Themis Cart S.R.L.
STATUTE
Romanian Association
on Comparative
and International Private Law Studies
Chapter I
Name, juridical frame, headquarter, functioning period
Art. 1. Founding members:
1. Ciutacu Florică, Romanian citizen, born on 1st of May 1966 in Radomireşti, Olt district, resident in Bucharest, Lacul Zănoaga Street, no. 33, bl. M8, sc.A, ap. 27, sector 6, identified with the ID RT series, no. 343162, issued on the 9th of July 2004, by no. 21 Police Station, Bucharest, CNP (Personal Identification Number) 1660501283388;
2. Ciutacu Gheorghe, Romanian citizen, born on 19th of February 1939 in Radomireşti, Olt district, resident in Radomireşti, Olt district, identified with ID DV series, no. 652423, issued on the 6th of February 1991, by Drăgăneşti-Olt City Police, Olt district, CNP 1390219283371;
3. S.C. Themis Cart SRL, with its headquarter in Slatina, Nicolae Titulescu Bd., no. 49, registered in the Trade Register Office of Olt with no. 28/338/20.09.2002, fiscal registration no. 14894784, bank account:
RO94BUCU012823012511RO01 (lei) RO51BUCU012823012511EU01 (euro)
BIC: BUCUROBU, legally represented by Ciutacu Florică as Administrator,
Have decided, according to the Incorporation Act, the founding of a private law legal person, designated in accordance with Article 2 of this Statute.
Art. 2. The association’s name is Romanian Association on Comparative and International Private Law Studies.
Art. 3. (1) Its headquarter is in Bucharest, Lacul Zanoaga Street, M8, 27, sector 6, 062299, Romania.
(2) The association’s headquarter can be moved based on the Decision of the Director Board.
Art. 4. The Romanian Association on Comparative and International Private Law Studies is constituted for an unlimited period.
Art. 5. Romanian Association on Comparative and International Private Law Studies is a legal entity of private law, given the legal nature of association, and it is an apolitical and autonomous, operating on the principle of self-financing, operating under the provisions of this Statute, the Incorporation Act and the Romanian legislation in force.
Chapter II
Association’s scope
Art. 6. The scope of the Romanian Association on Comparative Private Law Studies is to value and increase the capacities and skills of Comparative and International private law specialists, of all persons interested in the field of Private law, and personalities from different areas of social life, from Romania, from the European Union member states and other countries, by carrying out various activities in the educational, scientific, social and cultural field, to promote and develop the law science, especially the Comparative and International Private Law science, in Romania.
Art. 7. In order to achieve this scope, the Romanian Association on Comparative and International Private Law Studies will cooperate with public and private institutions from Romania and from the European Union, as well as from other states, will collaborate with Romanian and international personalities, specialists in C0omparative and International Private Law especially.
Chapter III
Activity object
Art. 8. In order to achieve the scope shown above, the Romanian Association on Comparative and International Private Law Studies sets the following activity object:
A. Elaboration of studies and research programs in forming and developing human resources through various trainings and continuous education at all levels, according to specific skills, for specialization of the recipients in the Comparative Private Law matter;
B. Elaboration and implementation of suitable programs for specific professional guidance;
C. Promote the constitution of career training centers;
D. Promote communication and collaboration with public authorities, with educational, cultural and research institutions, non-governmental organizations, and individuals from Romania and from abroad;
E. Organizing and supporting the education activity in the spirit of law and developing normative acts projects for interested authorities;
F. Organizing and supporting scientific research in the association frame and other specific structures, including capitalization of the obtained results, in various ways;
G. Coordination and support in a material and logistic point of view for organizing symposia, seminars, meetings with scientific institutions, associations and foundations, Romanian and international personalities;
H. Cooperation and experience exchanges with similar organisations in Romania and from abroad;
I. Promoting internal or external sourced funding programs for human resources development;
J. Support for publishing their own journals, papers, studies in specific publications, with impact on the development of Law science in general, Comparative Private Law in particular, as well as for any area of culture, science and education; the association may establish its own publishing house and typography;
K. Provision of scholarships and documentaries, awards and other assistance in areas that are the activity objects of the association;
L. The association may constitute specializations for specific education forms in Romania and abroad.
Chapter III
Association’s patrimony
Art. 9. (1) The association’s initial share capital is formed of a real asset value of 300 lei and it is composed of the following contributions of the associates: Ciutacu Florică - 100 lei; Ciutacu Gheorghe – 100 lei; S.C. Themis Cart S.R.L. – 100 lei.
(2) Association may obtain goods and incomes from individuals and / or legal entities as follows:
a. Association entry fees and member fees established by the decisions of the General Assembly;
b. Tuition fees or the like;
c. Interest and dividends resulting from placing the amounts available, under the law;
d. Income from economic activities, performed in connection with the achievement of the association’s scope;
e. Resources from the state budget and / or from local budgets, according to the law;
f. Subsidies granted by various public or private institutions;
g. service pay;
h. Donations, sponsorships or related;
i. Other income, under the law.
(3) The Romanian Association on Comparative and International Private Law Studies has opened bank accounts in lei and foreign exchange and it organizes its own accounts under the law.
(4) The Romanian Association on Comparative and International Private Law Studies unfolds activities that are not for profit, but it acts disinterested, not following economic goals, but achieving the activity object.
(5) The share capital of the association can be used only in the scope established in the Incorporation Act and in this Statute, without bringing favour to any persons through expenses outside the purpose for which this association is constituted.
(6) Liberalities can be offered to the association, conditioned or unconditioned by meeting a particular purpose, but only in line with achieving the purpose and objects of the association.
(7) If the person offering the liberality wants it to be used to finance a project that is part of the objects of the association, such as a prize or a scholarship, the General Assembly may decide that the liberality carried the name of the person whose generosity made this or any other name chosen by him/her.
(8) The Romanian Association on Comparative and International Private Law Studies may develop commercial activities, under the law. The Profit obtained from these activities can only be used for the purpose for which the association was founded, unless it is reinvested for the development of the commercial activity.
(9) The association may carry out economic activities either directly, if they are accessory and if they are closely related to the purpose for which it was set up.
(10) All assets will be shown and kept in accordance with Romanian legislation on the matter, under the association’s name and they will be used exclusively for achieving its objectives.
Chapter IV
Association’s members
Art. 10. The association consists of the following categories of members, which may be Romanian citizens and / or foreign citizens:
a) founder-associates - who have formed the association and contributed morally and materially to its founding and in the share capital;
b) associate-members - those who associate subsequent to the foundation and contribute morally and materially to the increase of association’s share capital;
c) Honorary members - natural and / or legal persons who have made and bring outstanding service to the association and / or contribute, through their prestige, to the acquisition by the association of moral benefits and / or offers a substantial financial support;
d) supporting-members - those who adhere to the association’s scope and morally and materially support its achievement.
Art. 11. (1) The statute of associate-member and honorary member is granted by the General Assembly and the quality of supporting-member by the Director Board.
(2) The statute of associate-member is lost through retirement, in which case the decision of withdrawal shall be notified at least 5 days after the first general assembly, or through exclusion for serious violations of the Statute, regulations and decisions of the Director Board.
(3) The supporting-member quality is lost through withdrawal or in case of not-paying the member fee for 2 consecutive months or alternatives.
Art. 13. The Honorary members on the constitution of the association are the following:
1. Professor Dr.Dr.hon.causa.mult. Christian von Bar, FBA, Osnabruck, Germany - http://www.european-legal-studies.org/
2. M. Guy Canivet, Membre de Conseile Constitutionnele, Paris, France - http://www.concurrences.com/cv.php3?id_auteur=94&lang=en
3. Avv. Giovanna Capilli, Sapienza University, Rome, Italy - http://www.masterdirittoprivatoeuropeo.it/Pubblicazioni/Bibliografie/Bibliografie.asp?autore=Giovanna%20Capilli%20(a%20cura%20d)
4. Professor, Luis Humberto Clavería, Sevilla University, Spain - http://www.us.es/
5. Dr.Dr. Aurelia Colombi Ciacchi LL.M., Bremen, Germany - http://www.zerp.uni-bremen.de/english/personal/colombi/index.html
6. Prof.Dr. Florică Ciutacu LL.D., Christian University, Faculty of Law, Bucharest, Romania
7. Dr. Manfred Cuypers, Judge, Germany - http://www.cdu-wedau-bissingheim.de/Vorstand.php
8. Dr.jur. Christiana Fountoulakis, Basel, Switzerland-http://www.ius.unibas.ch/lehre/dozierende/privatrecht/profil/person/foun...
9. Professor J.M. Ganado, Ganado & Associates Advocates, La Valletta, Malta - www.jmganado.com
10. Professor Giuseppe Gandolfi, Pavia University, Italy - http://www.accademiagiusprivatistieuropei.it/
11. Professor Dr.Lucilla Gatt, Naples, Italy - http://www.unisob.na.it/universita/areadocenti/docente.htm?id=120
12. Jur. Damon Gibbons, Leicester, Great Britain - http://www.debt-on-our-doorstep.com/
13. Professor Dr. Willem Grosheide, Utrecht, Netherlands - http://www2.law.uu.nl/priv/cier/nl/medewerkers/wgrosheide.htm
14. Professor Dr.Dr.Stefan Grundmann, LL.M, Humbold University from Berlin, Germany - http://www.rewi.hu-berlin.de/jura/ls/gmn/
15. Professor Dr. Gábor Hamza, Professor of Law, Eötvös University, Budapest, Hungary - http://www.google.hu/search?hl=hu&q=%22gabor+hamza%22&btnG=Google+keres%...
16. Dr. Maren Heidemann, LLM, Senior Lecturer in Law, University of Westminster, School of Law, London, United Kingdom - http://www.wmin.ac.uk/law/page-731
17. Professor Dr. Martjin Hesselink, Amsterdam, Netherlands - http://www.medewerker.uva.nl/feb_english/home.cfm
18. Professor Kenji Hirata, Osaka University, Japan - http://www.dma.jim.osaka-u.ac.jp/kg-portal/aspI/RX0011D_E.asp?UNO=10264&...
19. Avocat Iordachescu-Ilie Ion, Dean of the Bucharest Bar Association - www.ilieiordachescu.ro; http://www.baroul-bucuresti.ro/index_ro.asp
20. Professor Dr. Kai-Oliver Knops,Chair in civil and commercial law, esp. bank-, capital market and consumer right, University of Hamburg, Germany
21. Professor Dr. Ole Lando, Copenhagen, Denmark - http://uk.cbs.dk/forskning_viden/institutter_centre/institutter/law/menu...
22. Professor Dr. Lete Achirica, Javier. Santiago de Compostela, Spain - http://dialnet.unirioja.es/servlet/extaut?codigo=74108
23. Professor Dr. Kåre Lilleholt, Professor, Faculty of Law, University of Oslo, Norway - http://folk.uio.no/kaareli/
24. Professor Hector MacQueen, Professor of Private Law, LL.B, Ph.D, FBA, FRSE, School of Law, University of Edinburgh, Old College, Scotland - http://www.law.ed.ac.uk/staff/hectormacqueen_53.aspx
25. Prof. Dr. iur., RiOLG Ulrich Magnus,Universität Hamburg,Fakultät für Rechtswissenschaft, Germany - http://www.jura.uni-hamburg.de/personen/magnus/
26. Professor Ugo Mattei, Alfred and Hanna Fromm Chair in International and Comparative Law at the University of California, Hastings College of the Law in San Francisco, California - http://www.hastings.edu/; Full Professor of Civil Law at the University of Turin, Italy - http://works.bepress.com/ugo_mattei/
27. Professeur Denis Mazeaud, Université Paris II, "Panthéon-Assas", Paris, France - http://www.u-paris2.fr/1196765421094/0/fiche___annuaireksup/&RH=PROF
28. Mustapha Mekki, Agrégé des Facultés de droit, Professeur à l'Université Paris XIII, Membre de l'IRDA - http://m2-sdd.u-paris2.fr/francais/formation/master/documents%20master/c...
29. Professeur Jacques Mestre, Directeur de Centre de Droit Economique, Aix-Marseille, France - http://www.cde.univ-cezanne.fr/index.php?option=com_content&task=view&id...
30. Professor Annemarie Elizabeth Oderkerk, Amsterdam, Netherlands - http://www.medewerker.uva.nl/feb_english/home.cfm
31. Professor Jelena Perovic, International Commercial Law, Faculty of Economics University of Belgrade, Serbia - http://www.ekof.bg.ac.yu/visitors/stuff/perovic.htm
32. Professor Dr. jur. Pascal Pichonnaz,University of Fribourg, Law Faculty, Switzerland - http://www.elfa-afde.org/html/about_board_fichePichonnaz.htm ; http://www.unifr.ch/dpr/
33. Professor Dr. Filipo Ranieri, Universitat de Saarlandes, Germany - http://ranieri.jura.uni-saarland.de/
34. Professor emeritus Rodolfo Sacco, Universita degli Studi di Torino, Facolta di Giurisprudenza, Italia - http://www.giurisprudenza.unito.it/sito2/default.asp?opt=docenti_ricerca... http://www.mcgill.ca/reporter/37/17/honorary/
35. Professor Dr.Dr.h.c. Reiner Schulze, Universitat Munster, Germany - http://www.law.virginia.edu/lawweb/Faculty.nsf/FHPbI/rschulze
36. Professor Sergey Stepanov,Director of Institut of Private Law, Yekaterinburg, Russian Federation - http://www.privatelaw.ru/33.html
37. Professor Matthias E. Storme, Gent University, Belgium - http://webh01.ua.ac.be/storme/
38. Professeur Helene Gaudemet-Tallon - Professeur emerite de L"Universite Pantheon-Assas (Paris II), Paris, France - http://www.u-paris2.fr/1196679807812/0/fiche___annuaireksup/&RH=PROF
39. Professeur Denis-Tallon - Professeur emerite de L"Universite Pantheon-Assas (Paris II), Doyen honoraire de la Faculte de Droit de Nancy. France - http://u-paris2.fr/1196847076928/0/fiche___annuaireksup/&RH=PROF
40. Professor Dr. Antoni Vaquer Aloy, Universitat de Lleida, Spain - http://www.antonivaquer.tk/
41. Jean-Paul Vulliéty, Partner, Lalive Attorneys-at-law, Professor at the University of Geneva - http://www.unige.ch/index.html; http://www.lalive.ch/e/lawyers/profile.php?id=168&lang=en
42. Professor Mauro Zamboni, Stockholm University, Faculty of Law, Sweden - http://www.juridicum.su.se/jurweb/kontakt/person.asp?lang=eng&personid=362
43. Prof.Dr.Dr. H.C. Mult Reinhard Zimmermann FBA FRSE, Director of Max-Plank-Institut fur Auslandisches und Internationales Privatrecht, Hamburg, Germany - http://www.mpipriv.de/ww/de/pub/mitarbeiter/zimmermann_reinhard.cfm s
(SEE PLEASE FOR THE COMPLETE LIST FROM 26.04.2010 www.themis.ro/aequi )
Art. 14. The retired or excluded associate-members have no rights over the share capital; they remain obliged to pay the contributions they had to make to the association.
Art. 15. The members of the association have the following rights:
a) to elect and be elected for the Director Board and Audit Committee, if they have the age required by law, the skills and capacity for the functions they apply and they did not have any criminal convictions;
b) to express their opinion through vote regarding the drafts decisions of the General Assembly;
c) to use the association’s premises, where available, in order to pursue the objectives of the association;
d) to participate in educational, research, cultural, artistic, economic and social activities that form the purpose for which the association was constituted;
e) to compete in order to obtain scholarships, prizes or other assistance for improving education and research in Romania and abroad;
f) to represent the association at congresses, seminars, national and international scientific conferences;
g) to publish their works under the aegis of the association in the fields covered by its activity;
h) to be informed and to request information about how to achieve the scope and objectives of the association;
i) other rights, according to the decisions of the General Assembly.
Art. 16. The members of the association have the following obligations:
a) to respect, with no exceptions, the provision of the Statute, the regulations and decisions of the Director Board, of the association and the relevant laws;
b) to pay their material and financial obligations according to the commitments they have assumed;
c) not to affect the image of the association by the actions they carry out;
d) other obligations, according to the decisions of the General Assembly.
Art. 17. The membership can be lost in the following cases:
a. At the request of the member, addressed to the Board of Directors;
b. Following the exclusion of the association by vote of three fourths of the General Assembly, if:
a) the associate has committed a crime and was sentenced by the court is final and irrevocable;
b) the associate has seriously disrespected the provisions of the Incorporation Act and this Statute.
Chapter V
The management and control of the association
Section I
General Assembly
Art. 18. (1) The General Assembly is the governing body composed of all the members of the association.
(2) General Assembly has the following competences:
a) setting the strategy and general objectives of the association;
b) approval of the revenue and expenditure budget and balance sheet, as well as the determination and allocation of funds to fulfil the purpose of the association for the annual budget;
c) elect and remove members of the Director Board;
d) elect and remove the auditors / Audit committee members;
e) establish branches in the country and abroad for the purpose achievement according to the territorial organization;
f) concluding legal acts on behalf and on behalf of the association;
g) the amendment of the Incorporation act and Statute;
h) the dissolution and liquidation of the association, and establishing the destination of assets remaining after liquidation;
i) any other duties provided by law or Statute.
Art. 19. To ensure a more effective management of the association, the General Assembly may decide the performance of legal acts within its competence by the Director Board for a period of time. In this regard, the General Assembly will authorize the Director Board, according to the rules applicable to mandate contract.
Art. 20. General Assembly meets at least once a year and has a right of permanent control over the Director Board and the auditor / Audit committee.
Art. 21. General Assembly convenes with at least 10 (ten) days before the date fixed for its conduct or, in emergencies, at least 3 (three) days before the date fixed for its conduct, in the latter case if:
a) it is necessary to amend the Statute;
b) circumstances that jeopardize the existence of the association arise;
c) upon written request of a number of at least one third of the founding members and associate members.
Art. 22. (1) General meetings shall be convened by the Director Board through written summons, which will contain the date, place and agenda and will notify those concerned not later than 15 days.
(2) When communicating the date, place and agenda of the general meeting, discussion materials shall be made available to participants.
(3) Participants may require several discussion points to be added on the agenda, requests to be made in writing and submitted to the secretary of the association at least 5 (five) days before the date on which the general meeting takes place.
Art. 23. (1) The participants in the General Assembly:
a) founder-associates;
b) associate-members;
c) Honorary members;
d) supporting-members, or their representatives, according to decision of the Director Board;
e) guests.
(2) In the General Assembly, each founder-associate and each associate-member has the right to a deliberative vote.
(3) Associates who, in a certain issue, subject to the General Assembly decision, are personally interested or through their spouses, ascendants or descendants, relatives and the sideline so up to the fourth degree, inclusive, will not take part in deliberation and voting; if contrary, they will be held responsible for damages caused to the association, if without their vote the required majority would not have been obtained.
Art. 24. Elections for the Director Board and auditor / Audit committee take place every 2 (two) years, except in cases of withdrawal or revocation, when they may be organized during the following General Assembly.
Art. 25. The activity reports of the Director Board and the auditor / Audit committee, work programs, revenue and expenditure budgets, balance sheets are debated and subject to annual approval of the General Assembly.
Art. 26. (1) General Assembly may take place if at least half plus one of the associates are present.
(2) If the quorum referred to in paragraph 1 is not satisfied, the General Assembly is re-convened after 15 days and may take place no matter of the number of present members.
Art. 27. General Assembly decisions are taken by a simple majority of those present, except the decisions on the dissolution of the association or its change of purpose.
Art. 28. General Assembly is chaired by the President or, if he is not present, by his replacer, who is required to communicate the situation of present members and the list of those who are present.
Art. 29. (1) At each General Assembly, a minute is written down, containing the progress of the meeting, the debates that took place and the decisions that were taken.
(2) Absent associates become aware of the debates through the minutes that can be found at the secretary of the association.
Art. 30. General Assembly decisions that are contrary to law, to the Incorporation Act or provisions of the Statute may be sued by any of the associations which did not take part in the General Assembly or who voted against and asked to insert it in the minutes of the meeting within 15 days from the date when they became aware of the decision or the date on which the meeting took place, as appropriate.
Section II-a
Director Board
Art. 31. (1) Director Board ensures the implementation of General Assembly resolutions.
(2) It is composed as follows:
a) President;
b) a member;
c) General Secretary.
(3) Board members are elected by secret ballot by the General Assembly.
Art. 32 - In exercise of its jurisdiction, the Director Board:
a) presents the activity report on the previous period, the execution of revenue and expenditure budget, balance sheet, the draft of revenue and expenses budget, the draft program of the association to the General Assembly;
b) concludes legal acts on behalf and on behalf of the association;
c) approves the organizational chart and the association’s staff etc.;
d) elaborates its internal functioning rules;
e) approves the establishment of branches, offices and agencies;
f) establishes registration fees for receiving new members and annual fees;
g) decides on the association, affiliation and collaboration with other national and international profile organizations, under the legal provisions regarding the regulation of private international law relations;
h) planning actions to attract individuals and legal persons from Romania and abroad, to contribute with funds or necessary equipment in order to achieve the objects of the association;
i) plans and organizes scientific research and establishes appropriate forms to maximize results through the provision of specific services or the establishment of micro production centres in areas that fall within the scope of the association’s competences;
j) approves the association’s identification elements (logo, badge and seal);
k) decides on moving the association’s headquarter;
l) decides on granting awards and scholarships in Romania and abroad for deserving young people and researchers;
m) collaborates with natural and legal persons, Romanian and foreign, for achieving the objectives of the association;
n) proposes the constitution of new subsidiaries to the General Assembly;
o) performs any other duties established by the General Assembly.
Art. 34. The provisions of Article 19, paragraph 3 apply accordingly to the Board members as well.
Art. 35. Decisions of the Director Board that are contrary to the law, to the Incorporation Act or the Statute can be sued under the law.
Art. 36. Board may authorize one or more persons with executive functions, including people who are not associates or who are from outside the association, to exercise the following attributions:
a) to conclude legal acts on behalf and on behalf of the association;
b) to fulfil any other duties provided in the Statute or established by the General Assembly.
Art. 37. (1) The Director Board shall meet at least once a month or whenever the association’s needs require so.
(2) The Director Board is led by the President, and when absent, by his replacer, at least 5 days before the fixed date.
(3) The Director Board deliberates, in a valid mode, in the presence of at least 2 thirds of its members and adopts valid decisions with half of the votes plus one.
Art. 38. Deliberations and decisions of the Director Board shall be recorded in minutes signed at each meeting.
Section III-a
Financial Control
Art. 39. Financial control of the association is assured by an auditor / Audit committee elected by the General Assembly.
Art. 40. In carrying out its jurisdiction, the auditors / Audit committee:
a) verifies how the association’s patrimony is managed;
b) prepares reports and presents them to General Assembly;
c) may participate in Board meetings without voting rights;
d) develops its own internal functioning rules;
e) performs any other duties provided for in Statute or established by the General Assembly.
Art. 41. The General Assembly approves the general rules of organization and functioning of the auditor / Audit committee.
Section III-a
President of the association
Art. 42. (1) Any member of the association may apply and be proposed for the position of President of the Romanian Association on Comparative and International Private Law Studies.
Art. 43. (1) The President is elected through direct vote, with simple majority by the General Assembly, for a period of 4 years.
(2) At the constitution of the association, the President of the association is Dr. Florică Ciutacu.
Art. 44. The President of the Romanian Association on Comparative and International Private Law Studies has the following attributions:
A. He may convene the Board and General Assembly whenever necessary;
B. Coordinates the entire activity and submits annual activity reports to the General Assembly;
C. Represents the association in dealing with natural and legal persons from Romania and abroad and may conclude any juridical acts that aim to achieve the interests of the association, even without the Board or the General Assembly accept if they are warned in reasonable time about these acts;
D. Ensures the realization of the annual revenue and expenditure budget programs;
E. He may delegate some or all of his attributions to other members of the association, according to the rules applicable to the mandate.
Section III
Secretary of the association
Art. 45. Any member of the association may apply and be proposed for the position of Secretary of the association.
Art. 46. The Secretary is elected through direct vote, with simple majority by the General Assembly, for a period of 4 years.
Art. 47. The Secretary has the following attributions:
A. Carries out the convening proposals for the meetings of the General Assembly and of the members of the Director Board;
B. Organizes the meetings of the General Assembly of the members of the Board to be held under statutory conditions.
Writes minutes of the meetings of the General Assembly and Director Board;
C. Publishes the decisions of the General Assembly and Director Board;
D. Opens and keeps the records of the association;
F. prepares, maintains and ensures the legality of all legal acts of the association.
Section III-a
Honorary President of the association
Art. 48. The association may have an Honorary President.
Art. 49. He may be chosen from among Law personalities, or he may be a personality figure from other social life domain.
Art. 50. The Honorary President may chair the meetings of General Assembly and Board, and his vote is advisory.
Chapter VI
Revenue and expenditure
of the association
Art. 51. Revenues of the association derive from:
a) members contributions;
b) interest and dividends arising from the placing of amounts available, under the law;
c) the dividends of companies established by the association, working with objectives related to the association;
d) revenue from direct economic activities;
e) donations, sponsorships, or other liberalities;
f) resources from the state budget and / or local budgets;
g) other revenues provided by law and this Statute.
Art. 52. (1) The association may constitute companies whose dividends, if they are not reinvested in the company, will be used for the purposes of the association.
(2) The association may unfold any direct economic activities if they are accessory and if they are related to its main purpose.
Art. 53. (1) The expenditures of the association are:
a) wages and benefits to wages;
b) allowances, bonuses and awards;
c) purchase of documentary materials and similarities;
d) rents, interests, taxes, banking fees;
e) accommodation, meals, transport;
f) water, sewerage, sanitation;
g) electricity, heat and gas;
h) purchase of office supplies;
i) other expenses.
(2) Costs shall be made according to revenue and expenditure budget and approved by those charged by the Director Board.
(3) Salaries, allowances and other financial entitlements of the staff shall be established within the functions and the revenue and expenditure budget.
(4) The Director Board may order the payment of awards, gratifications and similarities, from the available funds.
Art. 54. The economic-financial year begins on January 1st and ends on December 31st of each year.
Chapter VII
Subsidiaries and branches
Art. 55. The association may constitute branches and subsidiaries in cities across the country and abroad, with the approval of the General Assembly, under the Incorporation Act and this Statute.
Art. 56. The association can promote the interests of other Romanian or foreign persons or bodies, having the same or similar purposes in Romania.
Art. 57. The rules of organization and statute of branches and subsidiaries are approved by the General Assembly of the Association.
Art. 58. Association may be affiliated to institutions, unions and federations in the country and abroad, with an identical or similar purpose.
Chapter VIII
Dissolution and liquidation
Art. 59 – The association will be dissolved:
A. Legally:
a) when the purpose for which it was constituted was entirely realized or, it is impossible to be achieved, if within 3 months from the establishment of such a change actually occurs the changement of this purpose;
b) the impossibility of constituting the General Assembly or Director Board according to the association’s Statute, if this situation lasts more than a year after the date on which, according to the Statute, the General Assembly or, where appropriate, the Director Board should have been constituted;
c) reducing the number of associates under the legal limit, if it was not completed for three months.
B. By the court, at the request of any interested person, when:
a) the purpose or activity of the association has become unlawful or contrary to public order;
b) achieving the goal is pursued through illicit means, or contrary to public order;
c) pursues a different purpose than that which was established;
d) is in a state of insolvency;
e) does not obtain prior authorizations required by law.
C. The General Assembly decision.
Art. 60. (1) In case of dissolution, the liquidators shall be appointed by the court or by the General Assembly, as appropriate.
(2) Along with the appointment of liquidators, the mandate of the Director Board is terminated.
(3) Liquidators, after being appointed, carry out and complete the stock inventory to find the exact assets and liabilities.
(4) They are required to receive and preserve records and any other documents of the association and to keep a record of all liquidation operations, chronologically.
(5) The liquidators fulfil their mandate under the control of the auditor / Audit committee.
Art. 61. (1) The liquidators are required to continue the pending judicial operations, to collect debts, to pay creditors, and if cash is not sufficient to transform the rest of assets in cash, through sale of movable and immovable property in public auctions.
(2) The liquidators may carry only those operations which are necessary to complete those in progress.
Art. 62. (1) In case of dissolution, the remaining assets after liquidation may not be transmitted to individuals.
(2) These goods can be sent to legal persons of private law or public law with the same or similar purpose.
(3) If within 6 months after the completion of liquidation, the liquidators have failed to convey goods in terms of paragraph (2), they are assigned by the court to a legal person with the same or similar purpose.
(4) The date of assets transmission is the same with the preparation of the delivery-receipt report, if the latter does not specify a later date.
Art. 63. Liquidators conclude transactions and remit to the ones in right to manage only after a period of six months after the publication of the dissolve decision.
Art. 64. After completing the liquidation, the liquidators are obliged within two months to submit the balance sheet, journal register and a memorandum, to state the options of registering the liquidation at the Register of associations and foundations of the court in whose territorial constituency the association has its head office and to perform all publication and removal of records procedures.
Art. 65. If within 30 free days after submission of the balance sheet no opposition is registered, the balance shall be considered definitively approved, and the liquidators, with court approval, will enable those goods and the remaining amounts of liquidation, together with all books and acts of the association and the acts of liquidation to the ones in right, after this it is deemed discharged.
Art. 66. (1) The Association ceases to exist at the date of deletion from the Register of associations and foundations.
(2) Deletion is made on the basis of the certifying act issued by the liquidators, which certifies the discharge of their obligations.
Chapter IX
Final provisions
Art. 68. The provisions of this Statute may be amended by agreement of the parties and it is completed by the law provisions.
Art. 69. Disputes between members and third parties will be settled amicably; if not, by competent court.
Edited today 22nd June 2009 in ________ copies, at
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Founding members,
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