THE CONTRACTS AS VIEWED BY THE CIVIL CODE

Challenges of the Knowledge Society

关键词: contracts;    Commercial Law;    merchant-proffesional;    commercial enterprise;    the contract as a source of obligations;   

DOI  :  

来源: DOAJ

【 摘 要 】

The law no.287/2009 regarding the Civil Code, the law no.71/2011 for applying the Civil Code and the G.E.O no.79/2011 for modifying and completing the law no.71/2011 all conduct to the terminological leveling in the contracts field, assigning them the name of civil contracts or just contracts. The same regulatory documents, appertaining in terminis to the economic/commercial/ remunerative oriented activity, acknowledge the distinguishing characteristic of the merchant-proffesional, of the commercial enterprise and therefore of the contracts regarding the economic activity. The Civil Code becomes the frame-law in the contracts field and attempts to compile an inventory of the contracts defined by the law, inventory in which the prevailing role is held by the contracts specifically related to the commercial activity. The intent of this study and its goals are to prove that, in spite of the terminological offensive - expression of the homogeneous regulation of the Private Law, the Civil Code not only does not eliminate the Commercial Law as a sefl-contained filiation of the Private Law, but assimilates it and allows to be contaminated by it. This happens because the Commercial Law sprung from a reality - the commercial activity - and it will perish alongside this reality, which is never going to happen. Today, more than allways, the Commercial Law has become the foundation of the Civil Law in regard to obligations and this study intents to prove this.

【 授权许可】

Unknown