THE FEATURES OF THE SALES CONTRACT – AS AN ACT OF COMMERCE
THE FEATURES OF THE SALES CONTRACT – AS AN ACT OF COMMERCE

Summary/Abstract: The unification of private law, according to the monistic theory, meant the absorption by the Civil Code of the provisions of the Commercial Code in the matter of the contract of sale, provisions which, to a large extent, apply both to the sale, qualified as a civil act, as well as to the commercial sale, with the exception of those rules applicable in relations between professionals or, as the legislator often puts it, "in the operation of an undertaking".Although, there are some applicable derogating provisions "in the operation of an undertaking", however, they do not refer only to professional traders whose activity is materialized in acts (deeds) of trade but to all categories of professionals.On the other hand, in the absence of legal regulations on commercial acts, but especially on their characteristics, it is the role of the specialized doctrine and even of the courts to highlight the specific features of acts (deeds) of trade.

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