Fondul de comerţ

Prof. univ. dr. MONNA-LISA BELU MAGDO*

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România Avocat - Baroul Prahova

ABSTRACT

In spite of the importance of the goodwill as an essential element of exercising the activity of professionals and of guaranteeing loans, its concept was not arranged in the old Civil Code and in the regulation of the Commercial Code, currently repealed, nor in the provisions of the current Civil Code. For this reason, attention was directed towards clarifying the content of the concept, which thus delimited the framework of the scientific research approach. The legal definition of the goodwill introduced by a special normative act, the Government Emergency Ordinance No 88/2017 amending and supplementing the Law No 85/2014 and then by the Law No 265/2022, qualifies it as an ensemble, a universality of movable, immovable, tangible and intangible assets, constituted by a professional, intended for the...