Incongruenţe ale Codului civil în materia societăţilor

dr. IOAN POPA*

* e-mail: agorapopa@gmail.com

Notar - Camera Notarilor Publici Braşov

ABSTRACT

The topic chosen for the debate is extremely delicate and has generated over time a lot of controversies that have remained unresolved so far. Legal practitioners (me being one of them, so not to be understood that I’m analyzing a system that is external to me), have a hard time coming to terms with the idea of the disappearance not so much of a Commercial Code or a commercial obligation law, but especially with the non-recognition of a certain specificity of "commercial obligations" that have become "civil obligations", commercial obligations continuing to exist, whether we want to perceive them as such or not. There are important legal systems in Europe which, although they have become "monistic", have preserved the specificity of certain "commercial obligations" (which have become obligations of the entrepreneur because the Roman term...