UNELE CONSIDERAŢII ASUPRA STĂRII DREPTULUI COMERCIAL ROMÂN, LA 10 ANI DE LA ABROGAREA CODULUI CIVIL (1864-2011) ŞI A CODULUI COMERCIAL (1887-2011)
SOME CONSIDERATIONS ON THE STATUS OF ROMANIAN COMMERCIAL LAW, 10 YEARS AFTER THE REPEAL OF THE CIVIL CODE (1864-2011) AND THE COMMERCIAL CODE (1887-2011)

Summary/Abstract: After more than 170 years of existence and viability in the economic and commercial life of Romania (1840-2011), commercial law was "damaged" by a forced operation of "unification of civil and commercial obligations", effectively carried out on 01 October 2011, with the entry into force of the New Civil Code and the repeal of the Civil Code-1864 and the Commercial Code (1887), annihilating a normative tradition of codification, formed in accordance with the continental system of codification of the century. XIX-XX-XXI. Commercial law had and has its own autonomy and identity as a branch of unitary private law, as well as a certain indissoluble link with civil law through its four pillars: general theory of obligations and property, legal person and assets. "The assertion of one's individuality was achieved in two ways: one of denial of the rules of common law and the second of correction of new, revolutionary institutions that were to CHANGE THE FACE OF THE WORLD" (Prof. I.L. Georgescu). After the great civil law professor, Acad. C. Hamangiu, "commercial law is not a branch/subdivision of civil law, but of general private law, the commercial code reflecting the entire evolution of this branch of law". We note, however, that in comparative law in the major commercial powers (Belgium, France, Luxembourg, China, Spain, USA, Poland, Morocco, Algeria, etc.), commercial codes have been adopted and updated, and in the European Union it has been decided that the drafting of the European Code of Business Law and the European Contract Code will form the legal basis of the Common Commercial Policy - CCP".

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