A Decent Requiem? Stanciu D. Cărpenaru National Commercial Law Conference – the 3rd Edition 16 November 2023? A Resolution, an Appeal; a Manifesto? Cover Image
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Un recviem decent? Ediţia a III-a a Conferinţei Naţionale de Drept Comercial – Stanciu D. Cărpenaru – 16 noiembrie 2023? O rezoluţie, un apel, un manifest?
A Decent Requiem? Stanciu D. Cărpenaru National Commercial Law Conference – the 3rd Edition 16 November 2023? A Resolution, an Appeal; a Manifesto?

Author(s): Matei Danil
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: commercial law; lawmaking malpractice; tradition of commercial law in the Romanian legal system; revision of the New Civil Code;

Summary/Abstract: This scientific event is dedicated to Romanian doctrinal thinking on a legal branch and discipline (legal science) – commercial law – which is challenged in terms of autonomy after the adoption of the New Civil Code in 2009. The offensive against commercial law is the result of a surprising orientation of the Commission for the Drafting of the Civil Code, which in its work violated or ignored imperative rules of the Law on the Rules of Legislative Technique for the Drafting of Normative Acts. The New Civil Code was adopted by the Parliament also in violation of the rules of legislative procedure, thus irrationally interrupting the tradition of special regulation of commercial relations. In order to rehabilitate the Romanian legal system, the revision of the New Civil Code and its implementing law, in the sense of rehabilitating the commercial law, should be a legislative priority.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 15-29
  • Page Count: 15
  • Language: Romanian