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Registrele profesioniştilor
Registers of professionals

Author(s): Sebastian Bodu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: accounting records; assumptions; beginning of written proof; corporate registers; documents; irregular registers kept; mandatory registers; optional registers; regularly kept registers;

Summary/Abstract: Registers of professionals are records of their factual and legal situations, which reflect their activity vis à vis third parties. The registers are kept manually or computerised, are mandatory or optional and are accounting or corporate. The probative value of the registers of professionals depends as they are mandatory or optional. In the first case, if they are regularly kept, they also test in favour of the person holding them. If they are irregularly held, they challenge against it, but the contents cannot be split. The registers of professionals do not, in principle, prove against individuals, but when they are regularly held, they may have the value of a simple assumption. Optional registers do not prove in favour of the one who runs them because their content is not standardised by law and, therefore, there is no comparability to be able to be confronted with that of the opponent in the litigation. The probative value of the mandatory registers is independent, but less than that of a written deed, so the registers’ proof cannot be made when a written deed is required ad validitatem or ad probationem. It is also not possible to overcome with the proof of the registers over the written deed consisting in a legal act with a value of more than 250 lei.

  • Issue Year: 2021
  • Issue No: 02
  • Page Range: 167-182
  • Page Count: 16
  • Language: Romanian