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Business law institutions
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Author: Dragos Lucian Radulescu
Publisher: Editura Universitara & Universul Academic
ISBN: 978-606-9062-55-5, 978-606-28-1247-8
Edition: revised and added
Pages: 258
Publisher year: 2021
Product Code:
978-606-28-1247-8
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The paper is a revised and added edition of the edition published in 2007, updated from a legislative and bibliographical point of view that aims to analyze the institutions of business law, in accordance with the new foundations, according to the provisions of the Civil Code, but also other normative acts. the type of special commercial laws.
The basic notions in the field of private business legal relations are presented, regarding the notion of professional, commercial companies, economic interest groups, insolvency of traders, obligations of professionals, contracts found in the business circuit, credit titles, as well as procedures for extinguishing commercial disputes.
The paper is addressed especially to students and graduates of economic and administrative higher education, being useful to those who in terms of professional activities are interested in the specific notions of business law, especially in terms of changes made after the new Civil Code.
The information necessary to go through and understand the notions of private law, applicable to the business circuit, are analyzed in an accessible manner.
The basic notions in the field of private business legal relations are presented, regarding the notion of professional, commercial companies, economic interest groups, insolvency of traders, obligations of professionals, contracts found in the business circuit, credit titles, as well as procedures for extinguishing commercial disputes.
The paper is addressed especially to students and graduates of economic and administrative higher education, being useful to those who in terms of professional activities are interested in the specific notions of business law, especially in terms of changes made after the new Civil Code.
The information necessary to go through and understand the notions of private law, applicable to the business circuit, are analyzed in an accessible manner.
-
Business law institutions
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DRAGOS LUCIAN RADULESCU
Chapter 1. PROFESSIONALS INDIVIDUALS / 9
1.1. The professional quality of the natural person / 9
1.2. Exceptions from the application of the commercial law / 13
1.3. Aspects regarding the goods affected by the business development / 16
1.4. Economic interest groups / 22
1.4.1. Rights and obligations of members / 27
1.4.2. Dissolution, liquidation, merger, division, and insolvency of the economic interest group / 29
CHAPTER 2. COMPANIES / 32
2.1. General aspects / 32
2.2. Applicable principles / 33
2.3. Classification of companies / 34
2.4. The company contract / 39
2.5. Elements specific to the company contract / 45
2.6. The role of the constitutive acts / 49
2.7. Contents of the company contract / 54
2.8. Company status / 56
2.9. Forms of company contracts / 56
The partnership contract in collective name / 56
The contract of the limited partnership on shares / 58
The limited liability company contract / 59
2.10. Spouses' participation in companies / 60
2.11. The effects of the company contract / 60
2.12. Termination of the company contract / 62
2.13. Legal personality / 64
CHAPTER 3. TYPES OF COMMERCIAL COMPANIES / 69
3.1. The general partnership / 69
3.2. Limited partnership / 73
3.3. Joint stock company / 78
Credit securities issued by the company / 81
Social will / 84
Management of the joint stock company / 87
Control of administrative acts / 94
3.4. The limited partnership on shares / 97
3.5. Limited liability company / 98
CHAPTER 4. MODIFICATION OF COMMERCIAL COMPANIES / 104
4.1. General aspects / 104
4.2. Dissolution and liquidation of companies / 110
4.3 Insolvency of companies / 114
4.3.1. Reorganization phase / 115
4.3.2. Bankruptcy / 120
4.3.3. Participants in the insolvency proceedings / 125
4.3.4. Introductory applications for insolvency proceedings / 130
4.3.5. The effect of insolvency on professionals / 131
4.3.6. The provisions of the criminal code regarding the legal person / 133
CHAPTER 5. OBLIGATIONS OF PROFESSIONALS / 135
5.1. General aspects / 135
5.2. Unfair competition / 139
5.3. Antitrust law / 140
5.4. Facts of unfair competition / 150
5.5. Payment of fiscal obligations / 153
CHAPTER 6. CONTRACTS FROM THE BUSINESS CIRCUIT / 160
6.1. Contract of sale / 160
6.1.1. Regulations specific to certain types of sales / 162
6.1.2. Obligations of the parties / 164
6.2. Mandate contract / 167
6.3. The commission contract / 170
6.4. Agency contract / 173
6.5. Consignment contract / 175
6.6. The Know-how Contract / 179
6.7. Franchise agreement / 182
6.8. Reporting contract / 184
6.9. Current account contract / 186
6.10. The factoring contract / 188
6.11. Consulting contract / 190
6.12. Contract of carriage / 199
6.13. The real movable guarantee contract / 201
6.14. Deposit contract / 204
6.15. Leasing contract / 206
6.15.1. The main forms of leasing / 208
6.15.2. The effects of the leasing contract / 216
CHAPTER 7. CREDIT SECURITIES / 218
7.1. General aspects / 218
7.2. Change and promissory note / 221
7.2.1. Transmission transmission / 226
7.2.2. Utilization of bill of exchange rights / 230
7.3. Check / 232
CHAPTER 8. PROCEDURES FOR THE SETTLEMENT OF COMMERCIAL DISPUTES / 234
8.1. Evidence admitted in business / 234
8.2. Mediation / 237
8.3. Arbitration / 241
8.4. Aspects regarding the forced execution procedure / 245
8.5. Aspects regarding the legal labor relations. Institution of discrimination / 249
Bibliography / 256
1.1. The professional quality of the natural person / 9
1.2. Exceptions from the application of the commercial law / 13
1.3. Aspects regarding the goods affected by the business development / 16
1.4. Economic interest groups / 22
1.4.1. Rights and obligations of members / 27
1.4.2. Dissolution, liquidation, merger, division, and insolvency of the economic interest group / 29
CHAPTER 2. COMPANIES / 32
2.1. General aspects / 32
2.2. Applicable principles / 33
2.3. Classification of companies / 34
2.4. The company contract / 39
2.5. Elements specific to the company contract / 45
2.6. The role of the constitutive acts / 49
2.7. Contents of the company contract / 54
2.8. Company status / 56
2.9. Forms of company contracts / 56
The partnership contract in collective name / 56
The contract of the limited partnership on shares / 58
The limited liability company contract / 59
2.10. Spouses' participation in companies / 60
2.11. The effects of the company contract / 60
2.12. Termination of the company contract / 62
2.13. Legal personality / 64
CHAPTER 3. TYPES OF COMMERCIAL COMPANIES / 69
3.1. The general partnership / 69
3.2. Limited partnership / 73
3.3. Joint stock company / 78
Credit securities issued by the company / 81
Social will / 84
Management of the joint stock company / 87
Control of administrative acts / 94
3.4. The limited partnership on shares / 97
3.5. Limited liability company / 98
CHAPTER 4. MODIFICATION OF COMMERCIAL COMPANIES / 104
4.1. General aspects / 104
4.2. Dissolution and liquidation of companies / 110
4.3 Insolvency of companies / 114
4.3.1. Reorganization phase / 115
4.3.2. Bankruptcy / 120
4.3.3. Participants in the insolvency proceedings / 125
4.3.4. Introductory applications for insolvency proceedings / 130
4.3.5. The effect of insolvency on professionals / 131
4.3.6. The provisions of the criminal code regarding the legal person / 133
CHAPTER 5. OBLIGATIONS OF PROFESSIONALS / 135
5.1. General aspects / 135
5.2. Unfair competition / 139
5.3. Antitrust law / 140
5.4. Facts of unfair competition / 150
5.5. Payment of fiscal obligations / 153
CHAPTER 6. CONTRACTS FROM THE BUSINESS CIRCUIT / 160
6.1. Contract of sale / 160
6.1.1. Regulations specific to certain types of sales / 162
6.1.2. Obligations of the parties / 164
6.2. Mandate contract / 167
6.3. The commission contract / 170
6.4. Agency contract / 173
6.5. Consignment contract / 175
6.6. The Know-how Contract / 179
6.7. Franchise agreement / 182
6.8. Reporting contract / 184
6.9. Current account contract / 186
6.10. The factoring contract / 188
6.11. Consulting contract / 190
6.12. Contract of carriage / 199
6.13. The real movable guarantee contract / 201
6.14. Deposit contract / 204
6.15. Leasing contract / 206
6.15.1. The main forms of leasing / 208
6.15.2. The effects of the leasing contract / 216
CHAPTER 7. CREDIT SECURITIES / 218
7.1. General aspects / 218
7.2. Change and promissory note / 221
7.2.1. Transmission transmission / 226
7.2.2. Utilization of bill of exchange rights / 230
7.3. Check / 232
CHAPTER 8. PROCEDURES FOR THE SETTLEMENT OF COMMERCIAL DISPUTES / 234
8.1. Evidence admitted in business / 234
8.2. Mediation / 237
8.3. Arbitration / 241
8.4. Aspects regarding the forced execution procedure / 245
8.5. Aspects regarding the legal labor relations. Institution of discrimination / 249
Bibliography / 256
The paper is a revised and added edition of the edition published in 2007, updated from a legislative and bibliographical point of view that aims to analyze the institutions of business law, in accordance with the new foundations, according to the provisions of the Civil Code, but also other normative acts. the type of special commercial laws.
The basic notions in the field of private business legal relations are presented, regarding the notion of professional, commercial companies, economic interest groups, insolvency of traders, obligations of professionals, contracts found in the business circuit, credit titles, as well as procedures for extinguishing commercial disputes.
The paper is addressed especially to students and graduates of economic and administrative higher education, being useful to those who in terms of professional activities are interested in the specific notions of business law, especially in terms of changes made after the new Civil Code.
The information necessary to go through and understand the notions of private law, applicable to the business circuit, are analyzed in an accessible manner.
The basic notions in the field of private business legal relations are presented, regarding the notion of professional, commercial companies, economic interest groups, insolvency of traders, obligations of professionals, contracts found in the business circuit, credit titles, as well as procedures for extinguishing commercial disputes.
The paper is addressed especially to students and graduates of economic and administrative higher education, being useful to those who in terms of professional activities are interested in the specific notions of business law, especially in terms of changes made after the new Civil Code.
The information necessary to go through and understand the notions of private law, applicable to the business circuit, are analyzed in an accessible manner.
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