Repere ale unei codificări refondatoare a dreptului comercial
Landmarks of a refounding codification of commercial law

Summary/Abstract: The Romanian Government’s report, which accompanied the Civil Code Draft submitted to Parliament for adoption in 2009, as well as the Explanatory Memorandum to this legislative project, have expressed the option for regulating private law relationships in a single code – the Civil Code – with the consequence of waiving the autonomous regulation of commercial law relationships. What was deemed to be the adoption of the monistic view and the abandonment of the dualistic regulation (codification), in concurrent codes, regarding private law relationships. Our study assesses that the repeal of the Commercial Codes of 1887, formally in force since 1940 („Carol II"), with the entry into force postponed sine die, was illegitimate (an abuse of legislative power) and that the commercial eradication (extinction) of private law relationships, accomplished in the conception of the Law implementing the Civil Code of 2009, represents an impossible legislative sanitation (cleaning, disinfection) measure. The author suggests the terms, concepts, legislative solutions and contents of a Code refounding traditional, modern and current commercial law relationships, which he proposes under the name of the Code of Commercial Affairs.

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