THE CONCEPT OF PROFESSIONAL IN THE NEW CIVIL CODE

Year 2012, Volume: 4 Issue: 1, 287 - 294, 01.06.2012

Narcisa Mihaela Stoicu Sorin Fildan

Abstract

Starting on October 1, 2011 the dual system of regulation of private law relations
– i.e. through a Civil Code and a Commercial Code, as distinct normative
documents – was abandoned in favor of a single system, meaning that all private
law relations currently enjoy a unique regulation, as reflected by the new Civil
Code (NCC).
This change, produced in terms of how to regulate private law relations, also
marked a change in the approach to the scope of commercial law, namely the
transition from an objective regulatory system to a subjective one.
In accordance with the provisions of art. 3 par. 2 and 3 NCC, the professional is
the person "(...) who operates an enterprise", and the operation of an enterprise is
"(...) the systematic exercise, by one or more persons, of an organized activity,
consisting of producing, managing or disposing of goods, or of performing
services, whether for profit or not"(art. 3 par. 3 NCC)

Keywords

The new Civil Code, professional, enterprise

References

• St. D. Cărpenaru, Romanian Commercial Law, Universul Juridic Publishing House, Bucharest, St. D. Cărpenaru, Comerciants – professionals of the commercial enterprises – in the light of the new Civil Code, from the volume entitled The new Legal Codes of Romania, juridical studies and researches, Faculty of Law and Administrative Sciences, Western University Timisoara,European Center for Juridical Sciences, Universul Juridic Publishing House, Bucharest, 2011;
• M. Coltuc, Economic activities conducted by individuals, în RDC, nr. 7-8/2010;
• S. Fildan, V.Ciocan, I. Kocsis, Commercial Law, Cordial Lex Publishing House, Cluj-Napoca, ; N. Finţescu, Commercial Law Course, vol. I, Soccec Publishing House, 1929;
• M. Muresan, S. Fildan, Civil Law. The Persons, Cordial Lex Publishing House, 2011
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