The ‘Association in Participation’ and the ‘Simple Partnership’ in the Romanian Civil Code
The ‘Association in Participation’ and the ‘Simple Partnership’ in the Romanian Civil Code
Author(s): Emőd VeressSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Scientia Kiadó
Keywords: legal transplant; association in participation; simple partnership; monist private law; mandate; assignment of contracts; transfer of incorporeal participations in a simple partnership;
Summary/Abstract: At present, the Romanian monist civil law regulates two types of cooperative structures or companies without legal personality: the ‘societatea simplă’, literally, simple company or, more precisely, simple partnership, and the ‘asociere în participaţie’, literally, association in participation. Both contracts can be used in a traditional non-commercial context but also for business purposes. Therefore, a necessity to delimitate them occurs. This article deals with the difficulties of such a delimitation: sometimes a clear borderline can be drawn, other times the association in participation contract requires that legal practitioners rely on the general rules of simple partnership, which have a complementary and subsidiary character. The objective of the present article is also to analyse the (mandatory and default) character of norms of association in participation, the decision-making procedure of this contractual structure, issues regarding representation, and transfer of partnership rights.
Journal: Acta Universitatis Sapientiae, Legal Studies
- Issue Year: 8/2019
- Issue No: 1
- Page Range: 135-149
- Page Count: 15
- Language: English