Principiile dreptului afacerilor comerciale
Principles of business law

Summary/Abstract: Although the branches of substantive/material law, even if their domain is regulated in a code, do not necessarily have principles enunciated in normative texts, those principles must nevertheless exist organically, as they subordinate the regulations incorporated in the codes (art. 18 of Law on the rules of legislative technique for the elaboration of normative acts). The identification of the principles of Business Law, with text (normatively supported) or without text, as the spirit of commercial affairs, serves not only to legitimize and consolidate the status of this law branch, but also to verify the quality of the regulation in the field, the interpretation required for its application and the solution given in jurisprudence in a litigious situation in which the norms of this regulation are relevant and applicable. The formation of the principles of a law branch starts from the principles of natural law and from the general principles of law, normatively accredited as sources of civil law ‒ „jus commune” in the conception of the Civil Code (2009) ‒ is a complex process, the formulations of the respective principles and their functionality being close/akin to the „enduring principles of law”. Following the establishment, formation and consecration of the principles of Business Law, the principles identified by the doctrine are reviewed, with or without statements and systematic exposition, with references to the evolution of regulatory frameworks in continental European law countries (from the Romano Germanic family). After proposing an indispensable lexicon, the following principles of Business Law are identified and treated: the principle of freedom of enterprise/initiative/and economic investment; the principle of commercial specialty of legal capacity and obligations; the onerous and speculative nature of legal operations and economic activities carried out by the economic operator; the deontological exercise of the profession of economic operator/entrepreneur.

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