Provocări teoretice şi practice privind noua lege a registrului comerţului nr. 265/2022
Theoretical and practical challenges regarding the new Law on the Trade Register No 265/2022

Summary/Abstract: One of the pieces of legislation with particular theoretical and practical implications adopted in July 2022 is Law 265/26 July 2022 on the trade register and for amending and supplementing other legislation affecting the registration in the trade register, which transposed into Romanian law Directive (EU) 219/1151 of the European Parliament and of the Council of 20 June 2019 amending Directive (EU) 2017/1132 as regards the use of digital tools and processes in the context of company law. The general remark that we highlight is that, although the new law on the trade register was adopted in order to transpose into national law a European Directive on companies, however, in the current regulations there is no term "companies", only companies. Also, the concept of "trader" does not exist from a terminological or notional point of view, the legislator preferring to use the terms "professional", "economic operator", bypassing the term "trader" although the register is of "commerce". The theoretical and practical challenges of the provisions of Law No 265/2022 are inherent in the complexity of such a piece of legislation, challenges that arise when interpreting and applying these regulations.

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