Legal Status of Professionals under the Sway of the New Romanian Civil Code
Legal Status of Professionals under the Sway of the New Romanian Civil Code

Summary/Abstract: Entry into force on October 1st, 2011, of Law no. 287/2009 on the Civil Code has brought up again into attention the problem of the commercial law autonomy, in fact an old topic in legal literature. Thus, the commercial provisions that justified their specificity compared to the civil ones precisely because of the nature of commercial relations, not only they disappeared, but they have been extended to all private law relations. This conclusion may be easily observed from the way in which the derogatory rules of commercial obligations have been taken by the new Civil Code from the Commercial Code in 1887. Among the institutions taken into the New Civil Code, we list as example: the professionals and the enterprise (art. 3), joint venture (art. 1949-1954), the commission contract (art. 2043-2053), the consignment contract (art. 2054-2063), the shipment contract (art. 2064-2071), the agency contract (art. 2072-2095), the intermediation contract (art. 2096-2102), banking contracts of the current account type (art. 2171-2183), the current bank account (art. 2184-2190), the bank deposit (art. 2191-2192), credit facility (art. 2193-2195), rental of safe deposit boxes (2196-2198), autonomous guarantees such as the letter of guarantee and letter of comfort (art. 2321-2322), securities (art. 2630-2631).

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