The enterprise - the legal form for carrying on an activity having a professional nature

• Author: Stanciu D Carpenaru
• Position: Professor, Ph.D.Faculty of Law, 'Nicolae Titulescu' University, Bucharest and the University of Bucharest, Faculty of Law; arbitrator at the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania
• Pages: 83-87

Stanciu D. Carpenaru

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LESIJ NO. XVIII, VOL. 1/2011

THE ENTERPRISE - THE LEGAL FORM FOR CARRYING

ON AN ACTIVITY HAVING A PROFESSIONAL NATURE

Stanciu D. C;RPENARU*

Abstract:

The new Romanian Civil Code has institutionalised a new conception regarding the

regulating system for civil and commercial legal relations. Thus, new concepts emerge to fit the

new conception, concepts regarding to the persons, the professionals, and the carrying on of an

organised and systematised activity that qualifies such activity as having a professional nature. As

one can find the new civil code has changed the conception regarding the enterprise, as it resulted

from the actual commercial code. The operation of an enterprise will represent the legal form of

carrying on an activity having a professional nature.

Keywords: enterprise, organised activity, professionals, traders, new civil code

1. Introduction.

The commercial code now in force qualifies the enterprise as a trading deed. According to

the article 3 in the Commercial Code there are trading deeds any furnishing enterprises, public

performance enterprises, commission enterprises, agencies and business offices, construction

enterprises, factory, manufacturing and printing enterprises, publishing house, book and art objects

selling enterprises, personnel or goods transport enterprises, etc.

There was specified that the listing of the trading deeds in the article 3 in the Commercial

Code has a declarative nature, and not a limiting one.

As the commercial code regulates enterprise types, the doctrine was preoccupied with

giving a general definition of the enterprise.

Within the classic conception of the commercial law the enterprise was defined as an

economic organism led by a person called an entrepreneur, which combines the forces of nature

with the capital and the labour for the purpose of producing goods and services1.

Within the modern doctrine of the commercial law was attempted the grounding of a new

definition of the enterprise. It was considered that within the traditional conception the material

side is too much emphasised, the enterprise being only defined as a group of goods the

entrepreneur allots to the carrying on of the commercial activity, without a reference to the human

collective carrying on the activity. Within the proposed definition the primordial element has to be

the subjective and social one. Therefore the enterprise has to be defined as a human group being

coordinated by the organiser for the purpose of carrying on a commercial activity2.

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* Professor, Ph.D.Faculty of Law, “Nicolae Titulescu” University, Bucharest and the University of Bucharest,

Faculty of Law; arbitrator at the Court of International Commercial Arbitration attached to the Chamber of

Commerce and Industry of Romania (e-mail: carpenaru_stan@yahoo.com).

1 Please refer to G. Ripert, R. Reblot, Traite de droit commercial (Commercial Law Tractate – in French in the

Romanian version of the text), Tome 1, 18eme, L.G.D.J. Paris 2001, pages 227-228, I.L. Georgescu, Drept comercial

roman (Romanian Commercial Law), vol. 1, Ed. Socec, Bucharest, 1946, page 201 and the following.

2 Please refer to O. C<pân<, Caracteristicile generale ale societ<tilor comerciale (The General Features of Trading

Companies), in the Dreptul magazine, no. 9-12/1990, pages 28-29.