SHORT CONSIDERATIONS REGARDING THE CONDITIONS OF BUSINESS MANAGEMENT FROM THE PERSPECTIVE OF THE NEW CIVIL CODE
SHORT CONSIDERATIONS REGARDING THE CONDITIONS OF BUSINESS MANAGEMENT FROM THE PERSPECTIVE OF THE NEW CIVIL CODE

Summary/Abstract: Combining harmoniously the elements of novelty, some taken over from the European legislations (for example from art. 1372 of the French Civil Code: the possibility that the managed should be aware of the management, but should not be able to appoint a trustee or to take care in any other way of his business), with the solutions of doctrine and jurisprudence as regards the business management from the perspective of the Civil Code 1864, the legal provision of art. 1330 of the New Civil Code represents obviously a progress as regards the regulation of the conditions of business management, facilitating thus the activity of the law theoreticians and practitioners.Certainly, the new regulation of the definition of business management is far from perfect, reminding in this regard of the fault of the express regulation of the object of the business management, the simultaneous use of the terms “without being obliged” and “voluntarily”, respectively the improper use of the terms “opportune”, respectively “restitution”, but it is important as it explains expressly a part of the conditions of business management.

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