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THE NOTION OF PROFESSIONAL AND ENTERPRISE IN THE ROMANIAN CIVIL CODE
Abstract
In the current Romanian legislation, more specifically after the entry into force of the Civil Code on October 1, 2011, the notions of professional and enterprise become particularly important. This importance derives from the fact that the very notion of merchant is part of the larger sphere of the notion of professional. Also, the Civil Code renounces at the notion of merchant within the meaning of the Commercial Code, which had been repealed, but uses the professional, as subject of business relationships. Also, the delimitation of the notion of professional demarcation is made by reference to the notion of enterprise, being considered professionals those which exploits an enterprise, within the meaning of systematic exercise, by one or more persons of an organized activity in the production, administration or alienation goods or services, whether or not for profit.
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