Fondul de comerț: natura juridică și obligația de garanție pentru viciile ascunse ale acestuia
Commercial unit: the legal nature and the warranty obligation for its hidden defects

Summary/Abstract: After the entry into force of the 2009 Civil Code, the commercial unit has become a controversial legal institution. Thus, on the one hand there is the minority opinion that the commercial unit is a patrimony of affairs, and naturally this patrimony could not be the object of the sale-purchase contract. On the other hand, the majority of authors believe that the commercial unit is a de facto universality, intangible asset, and therefore the seller has to guarantee the buyer of the commercial unit against its hidden defects.

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