ASPECTS REGARDING THE NOTION OF PROFESSIONALS AND THE CLASSIFICATION OF PROFESSIONALS Cover Image

ASPECTS REGARDING THE NOTION OF PROFESSIONALS AND THE CLASSIFICATION OF PROFESSIONALS
ASPECTS REGARDING THE NOTION OF PROFESSIONALS AND THE CLASSIFICATION OF PROFESSIONALS

Author(s): Ileana Voica
Subject(s): Civil Law, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: professional; New Civil Code; professional trader; professional non-trader; uniqueness of private law;

Summary/Abstract: The work summarizes the theoretical consequences of introducing the notion of "professional" in the New Civil Code. This notion outlines a new conception in the commercial or business law doctrine, being an effect of replacing the old term "trader" (natural person or legal person) used for a long time, not only by theoreticians, but also by practitioners with the complex term "professional trader". Thus, not only the notion of professional is of interest here, but also the classification of professionals. Moreover, with the entry into force of the New Civil Code, the old objective concept of defining commercialization, set by the old Commercial Code from 1887 (implicitly repealed by the New Civil Code, on October 1, 2011), was abandoned and a formal criteria was introduced, procedurally regarding the definition of commerciality (registration in the Trade Register of any professional trader, be it a natural person or a legal person).

  • Issue Year: 8/2019
  • Issue No: 2
  • Page Range: 311-313
  • Page Count: 3
  • Language: English