Întreprinderile şi societăţile în noul cod civil. Asemănări şi deosebiri
Entreprises and Societies Under the New Civil Code Similarities and Differences

Summary/Abstract: As a result of some major legislative changes – the abrogation of the Commercial Code, the adoption of the New Civil Code, the amending of the Company Law and other basic laws - some notions have been replaced, while others have been taken over. As far as companies are concerned, the New Civil Code has taken over the key elements of the society contract from former regulations, but its new provisions also include elements of commercial law. The notion of “trader” disappears and is replaced by the concept of “professional”, while the notion of “enterprise gain a new sense; the “trade actions” are replaced by “production activities, trading or service”. Although article 3 paragraph 2 of the New Civil Code refers to the concept of “enterprise”, the notion of “society” does not disappear, being found in article 1888 of the New Civil Code – the corporate forms. The simple society is regulated exclusively by the New Civil Code, assimilating both registered companies and companies subjected to registration, but not registered yet.

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