Fondul de comerț, între tradiție și digitalizare
Trade fund between tradition and digitalization

Summary/Abstract: The traditional concept of goodwill, defined as a collection of tangible and intangible assets intended to attract and retain customers, is undergoing a profound transformation under the impact of economic digitalisation. While in the classical view the essential elements were the customer base, the commercial location, the brand, and the right to use the commercial space, the digital environment has led to the emergence of new components, such as domain names, online applications and platforms, databases, algorithms, virtual communities, reputation scores, and rights related to digital currencies and assets.This study takes a look at the most important aspects of goodwill, comparing both the traditional and current, digital perspectives. Goodwill is not a simple aggregate of assets, but a legal construct capable of generating its own patrimonial value, and yet it is poorly regulated, giving rise to discussions and dilemmas. Given the challenges of the third millennium, when the emergence of new technologies is creating a paradigm shift in the classical conceptual field, we must adapt quickly to the changes that have taken place. In the absence of explicit legislative recognition, digital goodwill is defined by analogy with the classical model.

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