„Търговска“ и „предприемаческа“ дейност и съотношението им с участието в търговско дружество
„Commercial” and “Entrepreneurial activity” and their correlation with the participation in commercial company

Summary/Abstract: The question whether the participation in a commercial company is a commercial activity seems to be solved in a theoretical aspect. However, according to economics, the shareholder, respectively the sole owner of the capital, is the merchant. The argumentative limit between the statement that the partner with unlimited responsibility is not a merchant as opposed to the commercial Company is built on the fiction of the legal person. A modern legal phenomenon is to regulate the entrepreneurship instead of regulating the commercial activity. The difference between the concepts requires an answer of the question whether the participation in commercial company is an entrepreneurial activity. The categorical denial of the commercial /or entrepreneurial/ nature of the participation in a commercial company is likely to give an answer what is the fate of the debtor's participation in commercial company in the insolvency proceeding.

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