ASPECTE PRIVIND SOLUŢIONAREA AMIABILĂ, PRIN CONCILIERE SAU MEDIERE, A LITIGIILOR COMERCIALE ŞI A CELOR IZVORÂTE DIN ÎNCHEIEREA, EXECUTAREA SAU MODIFICAREA CONTRACTELOR ADMINISTRATIVE
LEGAL HYPOTHESIS ABOUT THE SETTLEMENT THROUGH THE CONCILIATION OR MEDIATION OF COMMERCIAL DISPUTES RESULTING FROM THE CONCLUSION, ENFORCEMENT, OR AMENDMENT OF ADMINISTRATIVE CONTRACTS

Summary/Abstract: The removal of the procedure of direct conciliation or mediation, as an expression of a monistic approach to civil law, and the elimination of the distinction between the legal regime of civil obligations and that of commercial obligations, as it existed in the Civil Procedure Code of 1865 updated by Law no.202/2010 - The law of small reform, has contributed to the multiplication of commercial disputes and those ones arising from the conclusion, execution or amendment of administrative contracts, with the consequence of overcrowding of courts. A viable solution, in our opinion, could be to amend the mediation law by specializing the commercial mediator who can use all types of mediation, and this mediation institution should have a well-deserved place in the future Commercial Code, already foreshadowed by the founders of the Romanian Institute of Commercial law.

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