The importance of interpreting the commercial contract in scheduling the production of a Romanian business operator

• Author: Muresan (Potincu) L., Potincu C.R., Marascu-Klein V.
• Pages: 435-442

Bulletin of the Transilvania University of Braşov

Series V: Economic Sciences • Vol. 8 (57) No. 2 - 2015

The importance of interpreting

the commercial contract in scheduling

the production of a Romanian business operator

Laura MUREŞAN (POINCU)1, Cristian-Romeo POINCU2,

Vladimir MRSCU-KLEIN3

Abstract: Part of scheduling the production is complying with the conditions of the

commercial contract, which is the foundation of the relation between the client and the

business operator that performs its activity in the area of the industrial production. In case

the compliance with the contractual obligations raises issues, it is required to interpret the

commercial contract according to the provisions of the Romanian Civil Code. This work

aims at presenting and analyzing these rules of interpreting the commercial contract, which

are not provided in the special stipulations of the law applied to the business field, so that

one shall consider the rules common to the private law, i.e. the juridical norms provided by

the legislation of the civil law.

Key-words: business operator, scheduling the production, interpreting the commercial

contract

1. Commercial contract

The profit ids the main purpose of any economic activity. As happened in practice, it

is possible that certain companies perform commercial activities recording loss.

(Turcu 2008, 54)

The commercial activity means concluding commercial contracts. These

contracts are concluded, between (two or more) business operators or between a

business operator and consumer/consumers. (Poincu 2015, 154-161)

Commercial contract we consider it can be defined reporting to the legal

definition of the civil contract [Law no. 287/2009, Title II, Chapter I (art. 1166)], as

being the will agreement between two or several persons in order to constitute,

change or extinguish between them a commercial juridical relation, where at least

one of the contractual parties has the quality of business operator, as can be seen in

figure no. 1.

1 Transilvania University of Braşov Dept. of Management and Economic Informatics, laurapotincu@yahoo.ro

2 Transilvania University of Braşov Dept. of Management and Economic Informatics, cristipotincu@unitbv.ro

3 Transilvania University of Braşov Dept. of Engineering and Indu strial Management, klein@unitbv.ro