Câteva reflecţii asupra regimului juridic al fondului de comerţ
Some reflections on the legal regime of the business

Summary/Abstract: The absence of an unitary and systematic regulation of the business (fond de comerţ, fonds de commerce), comprised in a law of the importance and dimension of the New Civil Code could lead to the conclusion that the law maker considers that legal institution is obsolete. Or, maybe, that the economic realities of the third millennium could survive without the legal regulation of the business. Could the absence of a regulation be owed to the reluctance of the modern law maker towards anything that would make us think of the outdated commercial law? Or rather than otherwise could the law maker have thought that the problem of regulating the business was implicitly solved by the regulation of the universality of fact? Is the possible regulation of the business as a legal universality advisable with regard to legal operations concerning it? These are some of the questions the present paper tries to answer by identifying the stake of a possible change of paradigm in what concerns the legal nature of the business.

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