Sfera de aplicare a art. 1931 din Codul civil privitor la prelungirea tacită a contractului de societate

dr. EMILIAN LIPCANU*

* e-mail: emilianlipcanu@yahoo.com

Conf. univ. - Facultatea de Studii Europene, Universitatea "Babeş-Bolyai", Cluj-Napoca

ABSTRACT

The author of the study critically refers to the contradictory opinions expressed in the doctrine with regard to the scope of companies covered by Article 1931of the new Civil Code, a text which regulates the tacit extension of the duration of the company contract. Noting that, according to an opinion, the text is applicable not only to the simple company, but also to all companies with legal personality regulated by the Law No 31/1990 on companies, and, according to another opinion, it is applicable only to the simple company, the author advocates and argues his own opinion. According to the author’s opinion, the tacit extension of the duration of the company may occur in case of simple company (without legal personality), regulated by...