Professional – a concept under the Civil Code and the Law no. 193/2000. Comparative approach
Professional – a concept under the Civil Code and the Law no. 193/2000. Comparative approach

Summary/Abstract: The Civil Code has regulated the concept of “professional” in Art. 3. Following its entry into force, through a legal act amending its detailed rules, the concept of “professional” has replaced the concept of “trader” in the consumer protection field. Subsequently, regarding one of the legal acts in the field of the consumer protection, i.e. Law no. 193/2000, an express amendment has been operated, the concept of “trader” being replaced with that of “professional”. The replacement however, cannot be reasonably justified given that the Civil Code definition and the definition existing in Law no. 193/2000 are not identical. Thus while according to the Civil Code, acquiring the status of professional implies the fulfilment of 3 conditions: (1) pursuing a business; (2) the systematic nature of the business; and (3) the organized nature of the business, according to Law no. 193/2000, acquiring the status of professional only implies the pursuit of a business. This condition may even not be fulfilled concerning those acting in the name of or on behalf of a person pursuing a business.

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