The ninth edition of the Banking Law Conference from Timișoara, with the theme How appropriate is common law for the specifics of banking? Jurisprudence perspective, takes place on October 22, 2021 and is transmitted live on the platform www.juridice.ro.
The conference is part of the prestigious cycle The legal colloquiums of the National Bank of Romania, being organized by the Law Faculty of the West University of Timișoara in collaboration with the National Bank of Romania - Legal Department.
Professors from law and economics faculties, as well as renowned specialists who work in the National Bank of Romania, credit institutions and law firms are invited to participate in the conference as speakers.
The conference aims to discuss the question of the adequacy of the institutions and mechanisms of the common (private) law to the specific problems involved in banking activity and to emphasize, in this discussion, the jurisprudence perspective. The premise from which the debate starts is that the promotion of distinct legislative or contractual solutions, with a derogatory character, is justified (only) to the extent that fair and efficient answers to the particular problems of the banking sector cannot be identified in common law. In this context, can it be argued that mandatory common law imposes inadequate solutions to the banking matter? Or that the supplementary common law proposes inappropriate solutions to this matter? Or that the common supplementary law has the consent of the imperative law to allow unbalanced derogations in these cases? Do the characteristics of banking demand a special protection of financial institutions in their relations with customers or, on the contrary, a favorable regime for the latter? And how are the answers to these questions reflected in the practice of law, especially in jurisprudence?
This event is held under the auspices of the European Association of Banking and Financial Law (AEDBF Europe) and is financially supported, along with the organizers, by Banca Comercială Română. The media partner of the conference is juridice.ro.
Conference schedule
9:00 - 9:15 Opening of the conference
Alexandru Păunescu, Director of the Legal Department, National Bank of Romania
Professor Lucian Bercea, Dean of the Faculty of Law of the Western University of Timișoara
9:15 - 11:30 Session I
Univ. Assoc. Dr. Radu Rizoiu, Vice Dean, Faculty of Law, University of Bucharest – How much can banks avoid civil law? On Imperialism and Centrifugal Movements in Civil Law
Raul Dabija, Head of the Legal Procedures Department, Legal Department, Romanian Commercial Bank - The banking system between lack of regulation and over-regulation
Mihai Selegean, Deputy General Manager, Romanian Development Bank BRD-GSG - Justice (predictive), intelligence (artificial) or life (private – GDPR)?
Lect. university Dr. Cristian Paziuc, Faculty of Law, University of Bucharest - Banking contracting in jurisprudence: on the adaptability of the common law
Assist. university Dr. Vladimir Diaconiță, Faculty of Law, University of Bucharest - The role of the rule that the price must be serious and honest in banking
11:30 - 13:00 Session II
Ioana Regenbogen, Director, Legal Department, ING Bank - Decoding bank guarantee letters: between the minimalist approach of the new Civil Code and the compliant approach of commercial customs
Gabriela Anton, Partner Lawyer, Țuca Zbârcea & Asociații (TZA) - The non-committal credit facility, from the requirements of the Basel and CRD/CRR rules to the regulations of the Romanian Civil Code
Alina Radu, Partner Lawyer, Nestor Nestor Diculescu Kingston Petersen (NNDKP) Complex bank loan guarantee structures (guarantee agent, mortgage beneficiary, trust). Civil Code versus national and international practice
Simona Petrișor, Partner Lawyer, Bondoc & Associates - Mortgage, group companies and insolvency – case study
13:00 - 13:30 Univ. Prof. Dr. Silviu Cerna, West University of Timișoara, former member of the Board of Directors of the National Bank of Romania, Economic Consequences of Rising Public Debt, Reading Notes in David Graeber, Debt. The first 5000 years, Art Publishing House, Bucharest, 2020
moderator: Lect. university Dr. Dan-Adrian Cărămidariu, Faculty of Law, West University of Timișoara
14:00 - 15:30 Session III
Univ. Prof. Dr. Lucian Săuleanu, assistant. university Dr. Răzvan Scafeș, Faculty of Law, University of Craiova - Congruence of common law with special legislation in the matter of consumers of bank loans
Ciprian Chiorean, Director, Legal Department, Vista Bank – How predictable could the unpredictability in credit agreements have been?
Stan Tîrnoveanu, Elena Iacob, Laura Retegan, Lawyers Partners, Zamfirescu Racoți Vasile & Partners (ZRVP) - Does currency remain currency in credit reports?
Adrian Dumitrescu-Pasecinic, Principal Expert, Legal Department, National Bank of Romania - Bank officials – public officials within the meaning of criminal law? Criticism of the High Court's decision
15:30 - 17:30 Session IV
Univ. Assoc. Dr. Șerban Diaconescu, Dean of the Faculty of Law of "Babeș-Bolyai" Cluj-Napoca University - Incidence of statute of limitations on bank enforceable titles. Interference with insolvency proceedings
Lect. university Dr. Horia Șiț, Vice-Dean, Faculty of Law, University "Al. I. Cuza" Iasi – On the distinction between the actual execution challenge and the title challenge, if the enforceable title is a bank credit contract
Univ. Assoc. Dr. Sergiu Popovici, Faculty of Law, West University of Timișoara – Enforced execution of banking contracts concluded at a distance. How appropriate is the common legal regime of writs and written probate?
Bogdan Dumitrache, bailiff, associate teaching staff, Faculty of Law, West University of Timișoara - The de facto disappearance of the right to pursue or how appropriate the specificity of banking is for the common law
Univ. Prof. Dr. Lucian Bercea, associate professor Dr. Florin I. Mangu, Faculty of Law, West University of Timișoara - Credit acceleration clauses: how much can be derogated from common law?
