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Radu Rizoiu

I LOVE BOOKS, BUT I AM MORE THAN THAT
I LOVE BOOKS, BUT I AM MORE THAN THAT

Radu is a member of the Bucharest Bar since 1997 and one of the founding partners of Rizoiu & Poenaru SCA.

Radu has acquired this extensive experience in one of the top 10 law firms in Romania where he worked for almost 16 years reaching the position of Senior Partner.

Radu offers legal advice in various business law areas with a special focus on secured transactions and energy law. He is proficient in structuring complex transactions and drafting project related documentation.

Radu was at the forefront of developing innovative products for structuring secured transactions on the Romanian market since the mid-90s. He advised a syndicate of banks that extended the first significant syndicated loan to the first GSM operator active on the Romanian market.

At the same time he was involved in restructuring the shareholding structure of a major company with a view of protecting the rights of the majority shareholder in a time where corporate governance was finding its way in Romanian law.

Radu contributed to several large privatization projects where he assisted the investor in negotiating the terms of the contracts with the State and in performing the due diligence on the target. He offered legal advice to clients in relation to meeting the terms of the post-privatization covenants.

The turn of the millennium found Radu deeply involved in several significant financing projects where he acted either on the lender’s or the borrower’s side.

Starting from the mid-2000s, Radu was actively involved in the energy projects in various areas, such as: negotiating bankable energy supply agreements for large industrial consumers, structuring project finance for green energy projects, offering legal support for development of small hydro plants and for several wind projects, structuring the legal foundation for high efficiency cogeneration (CHP) facilities.

He assisted either lenders or borrowers in financing projects, in syndicate loans or mortgage loans, or in factoring operations. He assisted clients in share deals and asset deals, in corporate mergers and dissolutions, in initiation and structuring of advertising campaigns or in infrastructure and real estate projects.

Radu has a good understanding of international projects since he was on secondment for several months in the Toronto office of the Canadian law firm McCarthy Tétrault, where he was involved in international project financing and energy transactions.

Radu has a bachelor degree in law from the Bucharest University and a PhD diploma in Private Law on: “Security interest in personal property. A functional approach” (2010). He is author of an authoritative book on the Romanian legal regime of security interests in personal property, published at Universul Juridic, Bucharest in 2006. He also published (individually or in partnership) books in the securities field (including a series of comments on the Romanian case law in the security interest field) and in the legal entities field, and over 50 studies, articles and notes.

Due to his proficient academic background, Radu was asked to be one of the members of the scholars’ commission in charge of preparing the draft law for the implementation of the New Civil Code. In this capacity, he wrote the sections dealing with commercial contracts (including banking contracts), guarantees and secured transactions.

After contributing to the text of the secured transactions section of the New Civil Code itself, Radu had an extensive work of better shaping the relevant section before full enactment of the Code and adapting all ancillary legislation (including the rules for functioning of the security interests registrar) to give effect of the new regulation. Also, Radu took part in the drafting of the texts on the securities regime in the new Law on the insolvency prevention and insolvency procedures.

Radu is associate professor of the Faculty of Law of the University of Bucharest, teaching civil law and is a trainer with the National Institute for Magistracy of Romania, in the civil law concerning the relations with professionals field.

Publications

Books
  • Security interests in personal property law annotated, Universul juridic ed., Bucharest, 2006, 756 p.;
  • Security interests in personal property. A functional approach, Universul juridic ed., Bucharest, 2011, 771 p., granted with the award “Istrate Micescu” at the SCIENTIFIC AWARDS of the Union of Jurists of Romania, “Titu Maiorescu” Association, the law magazines “Dreptul” and “Palatul de Justiție” for 2011 as well as the prize “Henri Capitant”, awarded in partnership with the “Henri Capitant” Association of Romania and the National Union of Insolvency Practitioners of Romania at the Romanian Private Law Magazine Awards 2011.
Articles
  • Theoretical and practical considerations on the legal rules applying to the security interests in personal property in commercial law (I) (together with Cristiana I. Stoica), published in “Revista de drept comercial” no. 1/2001, pp. 47-68 (22 p.);
  • Theoretical and practical considerations on the legal rules applying to the security interests in personal property in commercial law (II) (together with Cristiana I. Stoica), published in “Revista de drept comercial” no. 2/2001, pp. 67-82 (16 p.);
  • Certain thoughts on legal status of the public property and on criteria of qualifying public assets, published in “Dreptul” no. 9/2001, pp. 58-82 (25 p.);
  • Certain issues on the application of Title VI of Law no. 99/1999 on the legal status of the assignment of debts (together with Răzvan Dincă), published in “Pandectele române” no. 3/2002, p. 243-256 (14 p.);
  • Security interests in contractual rights (together with Răzvan Dincă), published in “Pandectele române” no. 5/2002, pp. 198-220, (23 p.);
  • Legal issues raised by the sovereign guarantee of bonds issuance (together with Valeriu Stoica), published in “Dreptul” no. 10/2002, pp. 17-38 (22 p.);
  • Short notes on the legal status of the assets used in transactions involving public property, published in “Pandectele române” no. 5/2003 pp. 172-180 (9 p.);
  • On a functional approach of the bank letter of guarantee, especially the independent guarantee. Notion, published in “Curierul judiciar” no. 5/2004, pp. 66-87 (22 p.);
  • On a functional approach of the bank letter of guarantee, especially the independent guarantee. Effects, published in “Curierul judiciar” no. 10/2004, pp. 109-127 (19 p.);
  • Short notes on the security interests in insurance policies, published in “Revista română de dreptul afacerilor” no. 5-6/2004, p. 51-66 (16 p.);
  • Essay to (re)define the security interest in personal property, published in “Pandectele române” no. 4/2004, pp. 150-186 (37 p.);
  • Short notes from historical perspective on the modalities of enforcing the security interests in personal property, published in “Pandectele române”, Supplement no. 1/2006, pp. 308-349 (42 p.);
  • Security interests in universitas facti, published in “Pandectele române”, no. 2/2005, pp. 137-170 (34 p.);
  • Certain specific issues related to the security interests in bank deposits, published in “Revista română de dreptul afacerilor” no. 2/2005, pp. 7-49 (43 p.);
  • The right of the debtor in transferring the collateral. Short notes, published in “Revista română de dreptul afacerilor” no. 5/2005, pp. 7-24 (18 p.);
  • Transitory rules for security interests in personal property. A critical study of current Romanian jurisprudence, published in “Revista română de dreptul afacerilor” no. 6/2005 pp. 7-35 (29 p.);
  • Introductory issues regarding the object of the security interests in personal property, published in “Revista română de dreptul afacerilor” no. 1/2006, pp. 9-42 (34 p.);
  • Certain specific issues of security interests in bank accounts, published in “Revista română de drept privat” no. 2/2007, pp. 198-222 (25 p.);
  • The assignment of receivables as writ of execution (I), published in “Revista de drept bancar şi financiar” no. 4/2007, pp. 15-23 (9 p.);
  • The assignment of receivables as writ of execution (II), published in “Revista de drept bancar şi financiar” no. 1/2008, pp. 1-12 (12 p.);
  • Implementing Directive 2002/47/EC regarding financial collateral arrangements in Romanian Law, published in “Revista română de drept privat” no. 3/2008, pp. 138-192 (55 p.);
  • The place and the scope of Directive 2002/47/EC regarding financial collateral arrangements in strengthening the European Monetary Union, published in “Analele Universităţii Bucureşti. Seria Drept” no. 2007.III, pp. 92-125 (34 p.);
  • The court having jurisdiction in matters concerning security interests in personal property, published in “Revista română de drept privat” no. 4/2008, pp. 214-250 (37 p.);
  • Applicability of the European Convention on Human Rights to security interests in personal property, published in “Revista română de drept privat” no. 5/2008, granted with the award “Octavian Căpățînă” at the Romanian Private Law Magazine Awards 2008;
  • Representing secured lenders by a specialized agent, published in “Pandectele române” no. 8/2008 and in Current issues in banking law, WoltersKluwer ed., Bucharest, 2008, pp. 744-817 (74 p.);
  • The mechanics of private enforcement in the case of peaceful repossession of the collateral, published in “Revista română de drept privat” no. 2/2009, pp. 99-178 (80 p.);
  • The irrevocable agency as a technique of securing obligations, published in “Revista română de drept privat” no. 4/2009, pp. 180-234 (55 p.);
  • Receivables securitization or the Utopia of the perfect security, published in “Revista română de drept privat” no. 6/2009, pp. 183-284 (102 p.);
  • Security interests in personal property: a necessary evil or an useful tool?, published in “Revista română de drept privat” no. 3/2010, pp. 161-257 (97 p.);
  • The cost of the credit and the security interests in personal property: an empirical study, published in “Revista română de drept privat” no. 4/2010, pp. 210-273 (64 p.);
  • What is this: The hypothec over movable assets (I). About the security interest, published in “Revista română de drept privat” no. 5/2011, pp. 185-263 (79 p.);
  • The joint rights of the creditors over debtor’s pool of assets under new civil code, published in “Revista română de drept privat” no. 1/2012, pp. 170-222 (53 p.);
  • “The Credit Facility in the New Romanian Civil Code” (in collaboration with Andra Roxana Ilie), published in “Revista română de drept privat” no. 3/2012, pp. 164-193 (30 p.);
  • “What is mortgage (II).About the mortgage agreement”, published in “Revista română de drept privat” no. 5/2012, pp. 186-250 (67 p.);
  • “Hypothec-like transactions – United in diversity”, published in “Revista română de drept privat” no. 1/2013, pp. 181-220
Notes of jurisprudence
  • Note to the Decision issued by Piteşti Appeal Court, civil division, no. 162/R dated 28 January 2002, published in “Pandectele române” no. 5/2002, pp. 65-74 (10 p.);
  • Note to the Decision issued by Constitutional Court no. 333 dated 16 September 2003, published in “Curierul judiciar” no. 12/2003, pp. 22-29 (8 p.);
  • Note to the Decision issued by Cluj Appeal Court, commercial division, no. 1519 dated 23 September 2003 (together with Marieta Avram), published in “Curierul judiciar” no. 10/2004, pp. 13-23 (11 p.);
  • Note to the Decision issued by Buzău Tribunal, commercial and administrative division, no. 37 dated 16 January 2004 (together with Cătălina Dicu), published in “Revista română de dreptul afacerilor” no. 9-10/2004, pp. 74-81 (8 p.);
  • Note to the Decision issued by Cluj Appeal Court, civil division, no. 728 dated 24 April 2003 (together with Răzvan Dincă), published in “Pandectele române” no. 6/2004, pp. 116-129 (14 p.);
  • Note to the Decision issued by Constitutional Court no. 382 dated 30 September 2004, published in “Curierul judiciar” no. 11-12/2004, pp. 28-37 (10 p.);
  • Note to the Decision issued by Bucharest Tribunal, commercial division, no. 10769/2004, published in “Revista română de dreptul afacerilor” no. 2/2005, pp. 124-130 (7 p.);
  • Note to Decision no. 94-461-II (III) of 10 April 1996 issued by Tennessee Court of Appeals, published in “Revista română de drept privat” no. 5/2007, 249-253 (5 p.);
  • Note to Decision no. 69-183 of 7 January 1970 issued by Ohio Supreme Court, published in “Revista română de drept privat” no. 4/2008, pp. 244-245 (2 p.);
  • Note to Decision no. 89-147 of 13 June 1990 issued by Wyoming Supreme Court, published in “Revista română de drept privat” no. 6/2008, pp. 205-208 (4 p.);
  • Note to Decision no. 96-7288 of 12 September 1996 issued by US Court of Appeal for the Third Circuit, published in “Revista română de drept privat” no. 5/2009, pp. 238-243 (6 p.).
Case law books
  • Hypothecs over movable assets, vol. I, The priority of the State Treasury, Universul Juridic ed., Bucharest, 2012, 254 p.;
  • Hypothecs over movable assets, vol. II, Legal characters of the hypothecs over movable assets. Commented jurisprudence with references to the New Civil Code, Universul Juridic ed., Bucharest, 2012, 528 p.
Varia
  • Electronic archiving: A legal perspective (together with Doru Trăilă), published in “Link” no. 1/2004, (2 p.);
  • Ascertained date: from the “high office” to electronic mark (together with Doru Trăilă), published in “Link” no. 2/2004, (2 p.);
  • Commercial Code, up-dated edition (March 1st, 2005), supervised and annotated, Rosetti ed., Bucharest, 2005, 864 p.;
  • Who is afraid of the New Civil Code?, available here
  • Harun al-Raşid, Karl Llewellyn and the New Civil Code judge, available here
  • Note to Decision no. 1072 of March 31, 2009 issued in last appeal by the Commercial Department of the High Court of Cassation and Justice, available here
  • Pawn vs. Money loan, available here
  • Romanian-English business law dictionary (together with Lucian Traian Poenaru, Raluca Alexandra Zatropa, Veronica Dobozi), Monitorul Oficial ed., Bucharest, 2012, 267 p.
  • Traduttore, traditore…, available here
  • Who holds the cont(rol)?, available here
  • The perverted consequences of protecting the debtor by regulatory measures. An empirical study, available here
  • Who is protected by the New Codes? available here
  • The New Codes and the world we live in, available here
  • Pawnbrokers, Constitutional Court and the Nobel Price, available here
  • The New Civil Code. Annotated. Second Edition updated (March 20, 2013), supervised and annotated (in collaboration with Dan Lupașcu, Gabriela Florescu, Elena Viorica Florescu and Andreea Popescu), Rosetti International ed., Bucharest, 2013, 1008 p.
Conferences
  • Aspects related to the use of receivables in securing loans, presentation held in the seminar Practical applications of the law concerning the security interests organized by STOICA & Asociaţii, Bucharest, April 25, 2007
  • Representing secured creditors by a specialized agent, presentation held in the international conference Current issues in the banking law area, Timişoara, February 13, 2008
  • Representing secured creditors by a specialized agent, presentation held in the continuous training strategy program of INM, Bucharest, June 19, 2008
  • Mechanisms of the private enforcement in the law-abiding taking over of the asset object of a security interest, presentation held in the continuous training strategy program of INM, Bucharest, June 1, 2010
  • Securing the development of the network. Unbundling and local challenges, presentation held in the seminar 2010 Romania Gas Forum, Bucharest, June 2, 2010
  • The hypothecs over movable assets and its relation to the security interest, presentation held in the conference Entering into force of the New Civil Code: legislative realities and challenges of the Romanian society modernization, Bucharest, June 30, 2011;
  • Hypothecs over bank accounts in the New Civil Code, presentation held in the Legal seminaries of BNR, 4th Edition, Bucharest, September 13, 2011
  • Regulation of the legal relations between professionals, presentation held in the INM Conferences – the New Civil Code, Bucharest, September 30, 2011
  • Hypothecs over bank accounts, presentation held in the conference The Civil Code – thesis and antithesis in Cluj, Cluj Napoca, November 4-5, 2011
  • Hypothecs over the movable assets in the security system set up by the New Civil Code, presentation held in the conference The Civil Code – practical aspects for the business environment, Bucharest, November 24, 2011
  • Modern theory of the patrimony, presentation held in the conference Implications of the New Civil Code in the fiscal domain, Bucharest, December 12, 2011
  • Breaches of the obligation giving the right to enforce the mortgage, presentation held at the conference Difficult problems of civil law, Bucharest, September 28-29, 2012
  • From the binding force of the agreement to the debtor’s protection. The requirement for additional guarantees. The role of mortgages in securing the performance of contractual obligations, presentation held at the conference The agreement in the new Civil Code. Pitfalls and Solutions, Bucharest, October 15, 2012
  • Movable mortgages in the New Civil Code, presentation held at the conference New Civil Code. New Code of Civil Procedure. Insolvency. News and practical implications arising from new codes, Slatina, November 2, 2012
  • The legal characters of the mortgage agreement. A critical view on the onerous character, presentation held at the banking law conference Banking loan agreement between theory and practice. Principles, law, custom, Timişoara, November 9, 2012
  • Bank guarantees in the New Civil Code. Legal characters of the mortgage agreement, presentation held in the continuous training program of INM, Bucharest, November 12, 2012
  • Practical difficulties in the forced enforcement of the movable hypothec and hypothec-like transactions, presentation held at the Conference Discussions on the financial and banking sector under the new European regulations, Bucharest, April 12, 2013
  • Public notice regarding movable assets using the Electronic Archive of Security Interest in Personal Property, presentation held at the Conference “New civil code and New civil procedure code”, Cluj-Napoca, May 17-18, 2013