Conceptualizarea şi tipologia contractelor comerciale
în relaţiile de afaceri
Conceptualization and typology of commercial contracts
in business relations
Author(s): Alexandru CuzneţovSubject(s): Commercial Law
Published by: Universul Juridic
Keywords: Concept; typology; commercial contracts; groups of commercial contracts; entrepreneurial activity;
Summary/Abstract: The commercial contract is the main legal instrument through which domestic and international trade is performed. At first sight, the commercial contract appears to be an ordinary contract, similar to those regulated by civil law.A closer look at the conceptuality of the commercial contract shows that it presents itself as a different legal institution through its specific features compared to the civil contract.This is thanks to the phenomenon that entrepreneurs have intuitively initiated the separation of civil contracts into two broad categories: civil contracts and special commercial contracts (contracts intended for entrepreneurial activity), actions based on a well defined goal: gaining profit in business relationships through commercial contracts.The commercial contract benefits from its own regulations and bears the impact of civil law rules to the extent that commercial law is insufficient to fully clarify the aspects that the reality of life highlights in relation to these special contracts.Therefore, under the pressure of current needs, practitioners develop new models of contracts that jurisprudence enshrines, after first subjecting them to a severe theoretical examination.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2022
- Issue No: 2
- Page Range: 165-172
- Page Count: 8
- Language: English