Asocierea în participaţie nu poate sta în judecată în nume propriu. Lipsă capacitate de folosinţă

ANDREEA MIHALACHE

ANA-MARIA BULEA-CIURARU

The joint venture cannot sue in its own name. Lack of capacity to sue and be sued

Abstract

The joint venture, as defined in Article 1949 of the New Civil Code - common law in this matter - is a genuine contract, concluded in written form ad probationem, onerous and essentially consensual. From this perspective, it is important to note that the joint venture as an entity is governed exclusively by its contractual terms.

A joint venture occurs when a trader or company grants one or more persons or companies a participation in the profits and losses of one or more operations or even in the whole trade. At the same time, the joint venture does not have and cannot acquire legal personality, and also cannot enter the civil circuit in its own name, as it does not represent a separate person from the person of the partners.

In the analysis of the legal standing...