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
SUMMARY

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... (see full summary)

 
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Stanciu D. Carpenaru
83
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.

* 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. Cpân, Caracteristicile generale ale societtilor comerciale (The General Features of Trading
Companies), in the Dreptul magazine, no. 9-12/1990, pages 28-29.

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