Mediation a Modality to Solve the Conflicts in the Area of the Credit Institutions

• Author: George Magureanu
• Position: Lecturer PhD, George Magureanu, is part of the teaching staff of the Romanian American University, teaching the following disciplines Financial and Fiscal Law and Labor and Social Security Law, lawyer of the Bucharest Bar of Lawyers
• Pages: 136-147

ACTA UNIVERSITAT

136

Abstract:

The overall objec

solution of the conflicts whic

analysis of the field li terature

and generic principles of solv

the state justice, overcharged

impli

citly at the national lev

the concept of conflict solvin

the conflicts with the possib

the privacy p rinciple. Media

institutions, banks or the no

trai

ning in the mediation area

so that the relation between

may contribute to the devel

litigations; it is useful for the

the business people in the ba

Keywords:

mediation; speci

The multitude of legal r

themselves of these rel

However, in such cases

the litigation which wa

when using the common

1

Lecturer PhD, George M

University, teaching the follo

Law, lawyer of the Buchares

2

For further details on the p

1983, p. 454; Le, 2008;

Del

p. 284 and the next).

ATIS DANUBIUS

Vol. 8, n

Mediation a Conflict Solving Mod

the Banking Area

George MGUREANU

1

jective of the paper is a current topic of a real interest for th

hich emerge in the banking area. Using the method resulted fr

ture and the judiciary p ractice, t

he article manages to i dentify

olving the litigations in the commercial area throu gh alternativ

ged with cases, within the context of t he European Union’s re

level. Therefore, we shall perform an analysis o f the followin

lving through alternative methods to the state justice, reasonab

sibility of preserving the

relations between the partners, the a

diation in the banking area aims at solving the conflicts betw

non

-

banking institutions and their customers by a person w

rea, independent from the two parties, through a more simplifi

en the credit unit and its customer should remain a partnershi

velopment of the legislation on

the more rapid resolution of

the law practitioners: judges, lawyers, counsels, teaching staf

banking area.

ecial procedure; common law procedure;

credit institutions

al relations between the credit units and the persons

relations inevitably determine conflicts of interest

ses, neither the credit unit nor the client is i

nterested

was meant to be long or to go public care, which

on law procedure of courts

2

.

Mgureanu, is part of the teaching staff of th e Romani

llowing disciplines Financial and Fiscal Law and Labor and S

rest Bar of L

awyers, e-mail george.magureanu@gmail.com.

e procedure for solving litigations in courts, see:

(

Stoenescu

Deleanu

, 1997, p. 5; Mgureanu,

2010, p. 288 and the next; T

AUDJ, Vol. 8, no. 1

8, no

. 1/2012

odality in

r the reasonable

from a detailed

fy the amplitude

ative methods to

regulations and

wing objectives:

able solution of

e application of

tween the credit

n with a special

lified procedure,

ship. The paper

of this type of

taff and also for

ons who avail

rests, as well.

ted in solving

ch is the case

anian American

Social Security

u

& Zilberstein,

; Tbârc

, 2004,

. 1, pp.

136-147