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    Contact: mihai.david@law.ubbcluj.ro

    Phone: 0752179917
    HomeFaculty’s TeamTeaching StaffPrivate Law DepartmentAssistant Professor Dr. Mihai DAVID

    Teaching Staff

    Senior Lect. PhD Mihai DAVID

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    Academic Involvement

    • Civil Law. Contracts
    • Civil Law. Property (2011 – 2018)
    • Land Registers
    • Civil Law. Obligations (seminars)

    Education and Training

    • PhD in Law, Babeș-Bolyai University Cluj-Napoca, Faculty of Law (2014, Summa cum Laudae) – Aparența în dreptul privat, coordinator: Ion Deleanu

    • Master’s Degree, Babeș-Bolyai University Cluj-Napoca, Faculty of Law (2005, Institutions of Private Law)

    • Bachelor’s Degree, Babeș-Bolyai University Cluj-Napoca, Faculty of Law (2004)

    Recent Publications

    I. Books, Book Chapters, and Studies in Collective Volumes
    1. M. David, On the False Issue of the Non-Retroactivity of Termination, in Gh. Buta, I.V. Varga, M. Voicu (coord.) In memoriam Ion Deleanu. Master of Metaphor and Legal Fictions in Romanian Legal Science, Universul Juridic Publishing House, Bucharest, 2024, p. 260-279;
    2. M. David, Promise of Real Estate Sale and the Subsequent Dispositional Act Concluded in Disregard of It, in D.A. Popescu, S. Golub (coord.) A Family for Europe, a Europe of Families? Studia Emese Florian Dedicata, Hamangiu Publishing House, Bucharest, 2022, p. 144-202;
    3. M. David, On the Mirage of Opposability through Knowledge – or the Theory of Appearance as Innocent Witness of Full Opposability, in A. Almășan, I. Vârsta, C.E. Zamșa (coord.) In honorem Flavius Antoniu Baias. Appearance in Private Law, vol. II, Hamangiu Publishing House, Bucharest, 2021, p. 107-132;
    4. M. David, Property, in A. Levasseur, J. Randall Trahan, D. Gruning (coord.) The Legal System of Romania, Carolina Academic Press, Durham (North Carolina), 2020, p. 55-62; M. David, Remedies Against a Nonexistent Non-performance. Or the Risk of Ignoring, in the Name of Opposability, the Limitations Imposed by the Relativity of Contractual Effects – A Comparative Law Study, in A.-R. Trandafir, M.D. Bob (coord.) Inexécution et justifications. Le pouvoir d’expression du droit continental, Universul Juridic Publishing House, Bucharest, 2019, p. 18-58;
    5. M. David, On the Obligation to Give and the Obligation to Contract in Current Romanian Civil Law – Preliminary Contracts, Subcontracting, and the Fragmentation of Ownership-Transferring Contracts, in D.A. Popescu (coord.) In honorem Dan Chirică, Hamangiu Publishing House, Bucharest, 2018, p. 202-264; M. David, Les biens, in Droit de la Roumanie, LGDJ Publishing, Paris, 2018, p. 63-69;
    6. M. David, Essay on Knowledge in Civil Law – Appearance. Opposability. Formalism. Publicity, Universul Juridic Publishing House, Bucharest, 2017;
    7. M. David, Some Reflections on Institutions Close to Contractual Liability in the New Romanian Civil Code, in S. O. Özdemir (coord.) Turkish–Romanian Days. Works of the Henri Capitant Association, Comparative Law Institute Publishing, Istanbul, 2016, p. 95-102.
    II. Articles
    1. M. David, Unacknowledged Toleration of Overbooking by Airlines as a Case of Ad-Hoc Application of Economic Analysis of Contract Law, in Romanian Review of Private Law, no. 1/2025;
    2. M. David, Priority Order in the Enforcement of Personal Rights, in Contrast with the Order of Effect Production between Competing Contracts. The Particular Case of Transfer with Reservation of Ownership, in Romanian Review of Private Law, no. 2/2024, p. 74-109;
    3. M. David, The Issue of Restitution in Civil Contracts – Or How Termination Retroactively Applies, in Romanian Review of Private Law, no. 2/2023, p. 270-318;
    4. I. David, M. David, Fraud against Creditors and Culpable Non-performance as Grounds for Contract Ineffectiveness, in Romanian Review of Jurisprudence, no. 3/2023, p. 279-291;
    5. M. David, Duration of Effectiveness and Its Relevance in Contract Qualification – Particularities of the Supply Contract, in Romanian Review of Private Law, no. 1/2021, p. 329-360;
    6. M. David, The Perspective of Non-performance as a Relevant Factor in the Decision to Conclude a Contract – Or Managing the Risks Associated with Non-performance, in Romanian Review of Private Law, no. 3/2019, p. 110-153.

    Recent Conferences

    • On the Mirage of Economic Analysis of Contracts and the Ubiquity of Damages, paper presented at the National Commercial Law Conference, on the theme Economic Analysis of the Contract, organized by the Faculty of Law, West University of Timișoara, through the Timișoara Business Law Center, in collaboration with the Faculty of Law, Babeș-Bolyai University of Cluj-Napoca, via the Centre for Business Law and Information Technology (Timișoara – 14.06.2024)

    • On the Retroactive Effect of Contract Termination, paper presented at the National Conference In honorem Valeriu Stoica, organized by the Romanian Review of Jurisprudence (Bucharest – 22.11.2023)

    • Registration in the Land Book of Personal Rights – or on Rescue through Priority – The Particular Case of the Promise to Sell Real Estate in Romanian Civil Law, paper presented at the International Conference on the theme: “Real Rights: European Traditions and Modernization Challenges”, organized by the Faculty of Law, Moldova State University, and the Faculty of Law, University of Bucharest (Chișinău, 12–13.10.2023)

    Other professional and research activities

    • National Rapporteur – Association Henri Capitant, Malagasy International Conference – Land and Subsoil Property (2024)

    • Expert Evaluator – Polish–U.S. Fulbright Commission (2023)

    • Expert in Civil Law, within the project “Justice 2020: Professionalism and Integrity” (Project Code SIPOCA 453, MySMIS2014+ Code 118978), funded under the Administrative Capacity Operational Programme (PO CA) 2014–2020, implemented by the National Institute of Magistracy (2019–2023)

    • Representative of Romania – Thirty-Fourth Session of UNCITRAL Working Group VI: Security Interests, Vienna, Austria (17.12.2018 – 21.12.2018)

    • Representative of Romania – Thirty-Third Session of UNCITRAL Working Group VI: Security Interests, New York, USA (30.04.2018 – 04.05.2018)

    • Civil Law Expert – Lectures delivered within the project “Assistance for Strengthening Institutional Capacity in the Training of Judges and Prosecutors for the Application of the New Codes”, implemented by the Superior Council of Magistracy and the National Institute of Magistracy under the Swiss Financial Mechanism (25.09.2017 – 17.10.2017)

    • Representative of Romania – Thirty-First Session of UNCITRAL Working Group VI: Security Interests, New York, USA (13.02.2017 – 17.02.2017)

    • National Expert for Romania – United Nations Commission on International Trade Law (UNCITRAL) – Working Group VI: Security Interests (2016–2018)

    • Scientific Reviewer – Annals of the University of Bucharest – Law Series (since 2014)

    Teaching Mobilities and Research Scholarships

    • Fulbright Research Fellowship, within the Fulbright Visiting Scholar Program, awarded by the Fulbright Association and the Romanian–U.S. Fulbright Commission (August, September, October, November 2022). Research project: Remedies for Breach of Contract in U.S. Common Law and in European Civil Law: The Same Phrase, but a Different Meaning? – True Cultural Boundary or Mere Miscommunication.

    • Research Fellowship for Academic Staff and Researchers, awarded by DAAD – Deutscher Akademischer Austauschdienst (July, August, September 2018). Research project: Remedies for Breach of Contract. Analysis of Relevant European Private Law Systems and Their Possible Influence on the New Romanian Civil Code.

    • Postdoctoral Research Fellowship, awarded by the Max Planck Institute for Comparative and International Private Law – Hamburg (May, June 2015). Research project: Formation and Effects of Contracts. Divergences and Convergences Among the Main European Legal Systems. Romanian Legislation and the Risk of Adopting Legal Solutions Without Proper Integration.

    • Research Stay, Panthéon-Assas University (Paris II), Faculty of Law (June 2012)

    • Doctoral Research Fellowship, awarded by the Max Planck Institute for Comparative and International Private Law – Hamburg (May, June, July 2010).

    • Research project: Knowledge and Legal Acts. What Matters from the Perspective of Third Parties: Legal Reality, Deemed Knowledge, or Actual Knowledge? The Latest Trends in the Main European Legal Systems and Their Potential Influence on the Draft Romanian Civil Code.

    • Research Stay: “The Austrian System of Real Estate Publicity” – Faculty of Law, University of Vienna (June 2006)

    Affiliations

    • Member of the Cluj Bar Association (since 2012)

    • Member of the Association Henri Capitant des amis de la culture juridique française (since 2011)

    Awards

    • “Octavian Căpățână” Prize (2019), awarded by the Romanian Review of Private Law in collaboration with the National Union of Insolvency Practitioners of Romania, for the most original and valuable study published in the journal during 2018, for the article “Land Book Actions in Interference with Common Law Actions,” published in Romanian Review of Private Law, no. 2/2018.
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