Despre patrimoniul de afectaţiune profesională

dr. Ioan SCHIAU

avocat, prof. univ. Facultatea de drept, Universitatea Transilvania din Braşov

dr. Monica IONAŞ-SĂLĂGEAN

avocat, Baroul Cluj

ABSTRACT

The professional patrimony is a juridical fiction based upon which the lawmaker grants a special legal regime to a fraction of the patrimony of a professional, destined for the exercise of a certain profession. This paper aims to reflect the complexity of the relations that reunite various assets, rights and obligations of the professional as well as the consequences of this legal construction, with reference to the special and unique destination of this patrimonial fraction: fulfilment of specific professional activity. The paper also examines various hypostasis of the professional patrimony, discerning between the special purpose patrimony, the patrimony of freelance (or self-employed) professional or the goodwill (fond de commerce).

Keywords: professional patrimony; goodwill; freelancer; special...