Drept comercial sau dreptul afacerilor?

conf. univ. dr. Gabriel TIŢA-NICOLESCU

Facultatea de Drept, Universitatea "Transilvania" din Braşov

ABSTRACT

The issue that we would like to deal with right from the beginning of this paper is the answer to the following question: if there are no traders, are there still trading companies? Is there a commercial law after the adoption of the new Civil Code?

This debate is important, because, as we will see, until the new Civil Code was adopted, such distinction was the foundation of private law, namely the distinction between the civil law and the commercial law; furthermore, it is important because papers in the field of "Commercial law" are still being published and the subject of "Commercial Law" is taught in universities. Besides, seven years after the new Civil Code became effective, a lot of authors still write about trade companies and, what is more disquieting, this phrase is used by jurists, that is those meant to lecture on the new monist...