ESTABLISHMENT OF COMMERCIAL COMPANIES. TRADITION AND EUROPEAN TRENDS
ESTABLISHMENT OF COMMERCIAL COMPANIES. TRADITION AND EUROPEAN TRENDS

Summary/Abstract: The legal process of establishing a company should not be regarded as a mere formal sequence of acts, but as an expression of the freedom of association and the principle of autonomy of will. Within the Romanian legal tradition, these foundational principles have been shaped by a long-standing commitment to legal certainty and the protection of third parties, while also remaining receptive to developments in European company law. Recent legislative reforms in the European Union—particularly those concerning digital tools, online formation and cross-border transparency—have significantly influenced national frameworks, prompting a reconsideration of how incorporation procedures should operate in a contemporary legal order.

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