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The Concept Of Professional In The New Civil Code
Oleh:
Stoicu, Narcisa Mihaela
;
Fildan, Sorin
Jenis:
Article from Journal - e-Journal
Dalam koleksi:
International Journal of Social Sciences and Humanity Studies vol. 04 no. 01 (2012)
,
page 287-294.
Topik:
The new Civil Code
;
professional
;
enterprise
Fulltext:
04_01_Narcisa Mihaela Stoicu.pdf
(252.64KB)
Isi artikel
Starting on October 1, 2011 the dual system of regulat ion of private law relations – i.e. through a Civil Code and a Commercial Code, as dist inct normative documents – was abandoned in favor of a single system, meaning that all private law relations current ly 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 transit ion from an objective regulatory system to a subjective one. In accordance wit h 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).
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