Business law under the new civil code

• Author: Badescu Valentin ? Stelian
• Pages: 338-351

BUSINESS LAW UNDER THE NEW CIVIL CODE

Lecturer Bdescu Valentin – Stelian

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Abstract

Business law is the crossr oads of different or ientations of legal thought, economic and political. Related to

business law from the perspective of the new Civil Code should be noted that adoption of the new Civil Code of the

unified system of regulation of private law doctrine revived the old controversy on commercial material na me. It was

argued that a consequence of monistic conception of the Civil Code will be a bandoning the cla ssical conception of

commercial law and we will be a Business Law or a professional contra ct law, which will add more institutions of

commercial law matter s tra ditionally tra nsformed into distinct. We must recognize tha t name as the business is

commercial and modernization suggests, naming commercial law, which is obsolete

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Keywords: Romanian Civil Code, pr ivate la w, business law, c ommercial law, tra nsdisciplinar y resear ch,

professional merchants

JEL Classification: K20

1. Argumentum

Related to business law from the perspective of the new Civil Code

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, point out from the

outset that the adoption of the new Civil Code of the unified system of regulation of private law

doctrine revived the old controversy on commercial material name. It was argued that a

consequence of monistic conception of the Civil Code will be abandoning the classical

conception of commercial law and we will be a "Business Law" (which includes traditional

commercial law, taxation, labor relations within the enterprise, industrial property and

intervention in the economy) a "professional contract law" that will add several institutions of

commercial law traditionally transformed into different materials (company law, insolvency law,

competition law, as consumers, banking law, insurance law, transport law )". In agreeing with the

distinguished professor Dr. Stanciu D. Crpenaru recently expressed in a monograph dedicated to

commercial law, we must recognize that the right business name is "commercial" and suggests

the idea of modernization, to name commercial law, which is obsolete ", keeping its option found

in previous courses appeared.

In a study of cognitive approaches in the vastness of this field are found different opinions

- how good is that we are not all identical people - whose citation in its present material seems

useful and relevant, helping us, as for us to set up a personal choice, not criticism shelter. The

new Civil Code, legislative, necessary

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and useful by some authors

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as challenged as any other

human creation not subject infallible, embrace monistic conception, found in other Roman-

Germanic legal systems from Europe, even if it has model Civil Code of Quebec in the federal

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Bdescu Valentin – Stelian, „Romanian – German” University, Sibiu, Faculty of Law and Administrative Sciences, lawyer in

the Bucharest Bar, Email: valentinbadescu@yahoo.com.

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Stanciu D. Crpenaru, Romanian commercial law treaty under the new Civil Code, Legal Universe Publishing, Bucharest, 2012,

p 3

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Law no. 287/2009 was published in the Official Gazette of Romania, Part I, no. 511 of 24 July 2009, amended by Law no.

71/2011 and corrected in the Official Gazette of Romania, Part I, no. 427 of 17 June 2011 in the Official Gazette of Romania, Part

I, no. 489 of July 8, 2011. Law no. 287/2009 of the Civil Code was republished under art. 218 of Law no. 71/2011 for the

implementation of Law no. 287/2009 of t he Civil Code, published in the Official Gazette of Romania, Part I, no. 409 of 10 June

2011.

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Marilena Uliescu, New Civil Code. Comments, Legal Universe Publishing, Bucharest, 2011, p 9.

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See for details in t his respect, Gheorghe Buta, New Civil Code and unity of private law in the New Civil Code. Comments,

Legal Universe Publishing, Bucharest, 2011, p 62-70.