DESPRE BUNURI ÎN COMERȚ ȘI BUNURI ÎN AFARA COMERȚULUI
ABOUT GOODS IN TRADE AND GOODS OUT OF TRADE

Summary/Abstract: The trade in which goods are designates the legal trade referring to the goods in the person’s assets. The trade, at its origin, means both an aspect of the legal personality and a quality of goods. Our civil code (in force) has taken over the real part of this tradition, establishing it in several articles (art. 475, 480, 1310, 1576, 1746, 1844 etc.). Therefore, the normal characteristic of the goods is that of being in the legal trade, but one may understand from the legal provisions invoked that there are goods not included in the legal activity and which may neither be acquired, nor transmitted and nor the object of establishing a real or personal right. These are the goods out of trade, which represent the exception from the rule of marketing goods and this extra-marketing also means a restriction of the right of ownership. In fact, the New Civil Code (not yet in force) implicitly maintains this distinction as well (for instance, art. 12 (1), art. 555, art. 553 paragraph 4 etc.). In the contemporary society, perhaps too commercialized, there is a continuous expansion of exchanges, which results in making goods out of trade rare and in making relative this category, which comprises numerous degrees and gradations of goods commerciality these days. This article does not intend to make an inventory of the goods in trade and, in particular, out of trade, which would be difficult to outline; in fact, an enumeration of these goods would definitely be risky, lacunar and controversial taking into consideration that it changes in relation to the public order. Maybe this is why the New Civil Code leaves this concern to the special laws and the case law and the doctrine. Nevertheless, our action emphasizes the importance of this classification, the delimitation of extra-marketing from certain notions that are very close as legal significance and emphasizes (examines) only a few categories of goods that are maybe less present in doctrinal and even legislative debates (goods with negative market value, counterfeit goods, commercial and civil customers).

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