Abstract:

The current paper aims to conduct a brief analysis of the concepts of professional and social business, introduced by the Romanian new civil code, with reference to the classic notions of merchant or acts of merchant. Despite the fact that this amendment is salutary, it is yet criticized the legislator’s manner to accomplish it, characterized by an insufficient normative rigorousness and terminological clarity, generating a series of problems regarding its applicability. By disavowing the theory of forms without content, we believe that it is not justified the mechanical and uncorrelated replacement of the ensemble of certain special legal instruments of consecrated institutions such as that of merchant or company, which can be reconsidered and unified with the new legal concepts of professional or social business.