Despre necesitatea unui nou Cod comercial în România
On the need for a new Commercial Code in Romania

Summary/Abstract: The article deals, in a complex analysis, with notions such as civil law versus commercial law, economic fact, traders, commercial legal relations, contractual balance, equity, contractual justice, rules of public economic order, natural law or positive law. The essential characteristics of economic fact (continuity, economic risk-taking and trust), as well as the fundamental principles of commercial law, are also analysed. At the end of the article, arguments are made in favour of a Commercial Code that would cover the organic status of the trader (including companies), the obligations arising from the exercise of trade, the principles of consumer protection, insolvency and competition law and the intervention of the state and local public authorities in the economy.

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