This article aims at analysing how different types of contracts are impacted by either a merger or acquisition of companies, or by a spin-off (grouped under the concept of ‘company’s transformations’). This article will expose some of the problems that may arise due to the transformation of a legal entity and will try to present specific solutions in light of the personal perspective of the author. 

Recently, Law 115/2012 came into force, amending Law 192/2006 regarding mediation in the Romanian legal system. The amendments establish the parties’ duty to attempt mediation as a preliminary procedure. The obligation refers, however, strictly to the first step of mediation - the informative part, and not to the mediation itself, as parties are free to pursue litigation instead.

The most extended in rem right is property because its essence lies in legal exclusivity, thus containing all of the attributes (usus, fructus, abusus). In what follows, I will analyse how a simple state of fact may lead to the acquisition of the property.

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