Editura Universitara Commercial law

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27,00 Lei

ISBN: 978-606-28-1224-9

DOI: 10.5682/9786062812249

Publisher year: 2021

Edition: I

Pages: 158

Publisher: Editura Universitara

Author: Raul Felix Hodos, Daniela Micu

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Etymologically, the notion of trade comes from Latin, the word commercium being a juxtaposition of the words cum and merx, respectively "with goods".
Economically, in a narrow sense, by trade is meant the interposition in the circulation of goods. In a broad sense, trade also refers to the production of goods and services.
Legally, the notion of trade refers to trade in a broad sense, respectively, the production and interposition in exchange for goods and / or services.
Given that in the Civil Code, the expressions "acts of commerce" and "acts of commerce" are replaced by "activities of production, trade or provision of services", the definition of commercial law must take into account the new orientation of the Romanian private law system. .
Commercial law is a set of legal norms applicable to legal relations born in connection with the activities of production, trade or provision of services or which organize the legal framework for carrying out these activities.
According to the subjective system, the commercial law includes the legal norms applicable to the legal relations between the professional traders and between them and other subjects of law.
According to the objective, subsidiary system, the commercial law includes the legal norms applicable in trade, regardless of the person who commits his specific acts.
Summarizing these opinions, the doctrine holds that commercial law has as its object both the legal norms incident in the trade activity and those applicable to professional traders.
RAUL FELIX HODOS 
DANIELA MICU

 

LIST OF ABBREVIATIONS / 9

CHAPTER I: INTRODUCTION / 11

SECTION 1: COMMERCIAL LAW - BRANCH OF PRIVATE LAW / 11
1.1. Introductory notions. Definition of commercial law / 11
1.2. Object of commercial law / 11
SECTION 2: COMMERCIAL LAW IN THE ROMANIAN LAW SYSTEM / 12
SECTION 3: SOURCES OF COMMERCIAL LAW / 15
3.1. Normative sources / 15
3.2. Interpretive sources / 20

CHAPTER II: ORGANIZATION OF TRADE / 21

SECTION 1: MARKET ECONOMY / 21
1.1. Preamble / 21
1.2. Market economy regulations / 21
SECTION 2: NOTION OF ENTERPRISE / 22
SECTION 3: TRADE FUND / 24
3.1. Definition. Legal regulations / 24
3.2. The main elements of goodwill / 25
SECTION 4: COMMERCIAL COMPETITION / 29
4.1. Defining competition. The legal regime of competition / 29
4.2. Loyal competitor. Definition and characteristics / 31
4.3. Unfair competition. Definition and characteristics / 31
4.4. Normative acts applicable in the field of competition / 32
SECTION 5: PUBLIC REGISTERS / 33
5.1. General considerations / 33
5.2. Land book / 35
5.3. National Register of Mobile Advertising / 36
5.4. Trade Register / 37

CHAPTER III: SUBJECTS OF COMMERCIAL LAW / 40

SECTION 1: CLASSIFICATION / 40
SECTION 2: PROFESSIONALS INDIVIDUALS / 40
2.1. General considerations / 40
2.2. Authorized natural person / 41
2.3. The individual enterprise / 42
2.3. Family business / 44
SECTION 3: PROFESSIONALS LEGAL ENTITIES / 47
3.1. Classification / 47
3.2. Societies / 47
SECTION 4: CIVIL SOCIETIES AND COMMERCIAL COMPANIES / 49
4.1. General characteristics of the company according to the Civil Code / 49
4.2. Trading company. Notion, specific characters / 50
SECTION 5: COMPANIES OF PERSONS / 51
5.1. General characters / 51
5.2. The company in collective name / 52
5.3. Limited partnership / 54
SECTION 6: CAPITAL COMPANY / 55
6.1. Definition and characteristics / 55
6.2. Classification of capital companies / 55
SECTION 7: LIMITED LIABILITY COMPANY / 60
7.1. Establishment of the limited liability company / 60
7.2. Management and administration of the limited liability company / 61
SECTION 8: EUROPEAN COMPANIES / 62
8.1. Regulation and general considerations / 62
8.2. Establishment and registration formalities / 62
8.3. Management of the European society / 63
8.4. The main characteristics of the European society / 64
SECTION 9: TYPES OF SPECIAL CHARACTERISTICS
9.1. Cooperative societies / 65
9.2. Autonomous utilities / 71
SECTION 10: GROUPS OF ECONOMIC INTEREST / 72
10.1. Definition and characteristics / 72
10.2. Establishment and registration / 72
10.3. Operation / 73
10.4. Termination of membership. Exclusion and withdrawal of members of the economic interest group / 73
10.5. Dissolution of the group / 75
SECTION 11: MODIFICATION, DISSOLUTION AND LIQUIDATION OF THE COMPANY / 75
11.1. Change of company / 75
11.2. Reduction or increase of the share capital / 76
11.3. Increasing the share capital of the joint stock company / 77
11.4. Increasing the share capital of the limited liability company / 78
11.4. Exclusion and withdrawal of associates from the company in collective name, in limited partnership or with limited liability / 79
11.6. Dissolution of the company / 80

CHAPTER IV: MONEY AND THE LEGAL PERSPECTIVE OF ENTERPRISE FINANCING / 83

SECTION 1: INTRODUCTION / 83
1.1. The money. Definition. Functions / 83
SECTION 2: ORGANIZATION OF THE BANKING SYSTEM / 85
2.1. National and community regulations regarding banking companies / 85
2.2. Objects of activity of the banking company / 85
2.3. Peculiarities of setting up a banking company / 86
2.4. National Bank of Romania / 87
2.5. Monetary policy instruments / 88
SECTION 3: CONTRACTS SPECIFIC TO BANKING / 88
3.1. Current account contract / 88
3.2. Bank credit agreement / 91
3.3. The contract for services regarding the issuance of electronic money / 93
SECTION 4: CREDIT SECURITIES / 96
4.1. Definition of credit title. Characteristics and classification / 96
4.2. Change / 96
4.3. Promissory note / 97
4.4. Check / 98
SECTION 5: CAPITAL MARKET / 100
5.1. Preamble / 100
5.2. Legal regulation / 100
5.3. Definition of the capital market / 101
5.4. Capital market characteristics / 101
5.5. Capital market classification / 102
5.6. Regulated market. Definition / 102
5.8. Securities transactions / 105
SECTION 6: CONTRACTS SPECIFIC TO NON-BANK FINANCING OF THE ENTERPRISE / 105
6.1. Leasing contract / 105
6.2. Factoring contract / 110
6.3. Reporting contract / 111

CHAPTER V: CONTRACTS SPECIFIC TO COMMERCIAL ACTIVITY / 114

SECTION 1: INTRODUCTION / 114
SECTION 2: COMMERCIAL SALE-PURCHASE CONTRACT / 115
SECTION 3: SUPPLY CONTRACT / 116
SECTION 4: AGENCY CONTRACT / 117
SECTION 5: CONSIGNMENT CONTRACT / 118
SECTION 6: TRUST AGREEMENT / 120
SECTION 7: FRANCHISE CONTRACT / 122
SECTION 8: MANDATE CONTRACT / 124

CHAPTER VI: REGULATION OF ELECTRONIC TRADE / 125

SECTION 1: NOTION OF ELECTRONIC COMMERCE / 125
SECTION 2: CHARACTERISTICS OF ELECTRONIC COMMERCE / 126
SECTION 3: ELECTRONIC SIGNATURE / 127
3.1. The notion of “signature” / 127
3.2. The concept of electronic signature / 128
3.3. Types of electronic signatures / 129
SECTION 4: ELECTRONIC REGISTRATION / 131
4.1. Definition of the notion of inscription / 131
4.2. Electronic registration. Definition. Content / 133
4.3. The probative value of electronic documents / 133
4.4. Date and place of preparation of the electronic document / 135
4.5. Proof burden / 136

CHAPTER VII: THE COMPANY IN DIFFICULTY / 137

SECTION 1: INTRODUCTION / 137
SECTION 2: PRE-INSOLVENCY PROCEEDINGS / 138
2.1. Ad-hoc mandate / 138
2.2. Preventive concordat / 138
2.3. Closure of insolvency prevention proceedings / 139
SECTION 3: GENERAL THEORY OF INSOLVENCY PROCEDURE / 140
3.1. Participants in the insolvency proceedings / 140
3.2. Courts / 140
3.3. The syndic judge / 140
3.4. Creditors' meeting. Creditors' Committee / 141
3.5. Judicial administrator / 142
3.6. Special Administrator / 142
3.7. Judicial liquidator / 143
3.8. Insolvency procedure, as a civil lawsuit / 144
3.9. Opening of the insolvency proceedings / 144
3.10. The effects of the opening of insolvency proceedings / 145
3.11. Observation period / 146
3.12. Application for admission of claims / 146
3.13. Receivables table / 147
3.14. Closure of proceedings / 148
3.15. Liability of the members of the management bodies / 149
SECTION 4: JUDICIAL REORGANIZATION / 150
4.1. General notions / 150
4.2. Reorganization plan / 150
SECTION 5: BANKRUPTCY / 151
5.1. Opening the bankruptcy proceedings / 151
5.2. Carrying out the liquidation / 152
5.3. Distribution of the amounts realized following the liquidation and closing of the procedure / 152

BIBLIOGRAPHY / 154
TREATIES, MONOGRAPHS, UNIVERSITY COURSES / 154
ARTICLES, STUDIES / 156
E-BIBLIOGRAPHY / 157

Etymologically, the notion of trade comes from Latin, the word commercium being a juxtaposition of the words cum and merx, respectively "with goods".
Economically, in a narrow sense, by trade is meant the interposition in the circulation of goods. In a broad sense, trade also refers to the production of goods and services.
Legally, the notion of trade refers to trade in a broad sense, respectively, the production and interposition in exchange for goods and / or services.
Given that in the Civil Code, the expressions "acts of commerce" and "acts of commerce" are replaced by "activities of production, trade or provision of services", the definition of commercial law must take into account the new orientation of the Romanian private law system. .
Commercial law is a set of legal norms applicable to legal relations born in connection with the activities of production, trade or provision of services or which organize the legal framework for carrying out these activities.
According to the subjective system, the commercial law includes the legal norms applicable to the legal relations between the professional traders and between them and other subjects of law.
According to the objective, subsidiary system, the commercial law includes the legal norms applicable in trade, regardless of the person who commits his specific acts.
Summarizing these opinions, the doctrine holds that commercial law has as its object both the legal norms incident in the trade activity and those applicable to professional traders.

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