Business administration in a new legal configuration within present Civil Code Cover Image
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Gestiunea de afaceri într-o nouă configurație juridică în cuprinsul actualului Cod civil
Business administration in a new legal configuration within present Civil Code

Author(s): Sache Neculaescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: business administration; source of obligations; quasi-contract.

Summary/Abstract: The new regulation pertaining to business administration in the new Romanian Civil Code, much more detailed than the previous one, springs from the Civil Code of Québec. In Québec, the relevant legal framework provides for an original configuration of this source of obligations, imposing on it the condition of opportunity of the administration actions initiated by the administrator. Subject to this regulation are also the effects of inopportune administration, which aims at restoring the advantage brought to the person administered, without stating the legal grounds of such obligation, aspect which triggers questions to which this paper intends to answer, visiting, among others, other codification proposals on the law of obligations and relevant doctrine in this matter. At the same time, a theoretical definition is laid down for business administration, more nuanced than those elaborated after the new Romanian Civil Code has taken effect, definition which tends to be closer to the meaning of the new normative provisions.

  • Issue Year: 2014
  • Issue No: 01
  • Page Range: 34-56
  • Page Count: 23
  • Language: Romanian