Patrimoniul de afectaţiune al profesioniştilor persoane fizice
The patrimony by appropriation of the independent professional

Summary/Abstract: The unification of the legal regime of the patrimony assigned to the functioning of an enterprise is achieved through the art. 151 par. (1) of the Law no. 71/2011 for the implementation of the Law no. 287/2009 on the Civil Code, which stipulates that the provisions of the art. 2324 par. (4) of the Civil Code shall apply to all cases in which the professional operates the divided patrimony, but applicable only to the rights and obligations arising after the entry into force of the Civil Code. Thus, the order of payment between the personal creditors and the patrimony by appropriation creditors is imperatively excluded for independent professionals, whether referring to a sole professional or to a sole entrepreneur. By limiting the patrimonial liability, the legislature seeks to encourage the independent professional. However, the art. 32 par. (1) of the Civil Code states that in the case of division or affectation, the transfer of the rights and obligations of a patrimonial fraction to another, within the same patrimony, is subject to the conditions provided by the law and without prejudice to the rights of the creditors of each patrimonial fraction. But, in fact, the creditors do not benefit from an adequate protection, since there is no balance between the rights of creditors and the advantages conferred to the holder of the affectation by setting up a patrimony fraction.

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