Despre asocierea în participaţie – de la Codul comercial la Codul civil
JOINT VENTURE ACCORDING TO THE COMMERCIAL CODE AND THE CIVIL CODE

Summary/Abstract: Before the repeal of the Romanian Commercial Code which had come into force in 1887, by Law no 287/2009 that aknowledges the new Civil Code, joint venture was regulated by the legislator in art. no 251-256 in the Commercial Code, which undoubtedly states the commercial nature of this legal operation. Thus, a professional trader or a trade company may offer to one or more persons or companies a share of the benefits or loss of one or more operations, or a share of the entire trade activity (art. no 251 Civil Code). Given the fact that joint venture received no legal personality, so it was not considered to be a separate subject of law, meaning separate from the partners, this legal operation was embraced by many traders and it was frequently used in their activity, taking the form of „business association agreement”, or „participation agreement” or even „collaboration agreement”. Needless to say, in cases where the contract was not named „joint venture/participation agreement” or the legal base was not clearly stated, the court, taking into consideration the content of the contract, established in each case the legal nature of the agreement.

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