出版社：University of Bucharest and Nicolae Titulescu University
摘要：The new concept of enterprise is laid down in new Civil Code in connection with another newconcept: the professional (entrepreneur). The old commercial terms, commercial acts and deeds andmerchant, have been well represented in legal texts in comparison with present concepts. Our newcode imported these concepts together with their weaknesses from the Italian and Quebec Codes.The short references within the Code to enterprise and professional put again the burden ofclarification on the scholars’ shoulders.The law defines the professionals as the persons who carryon an enterprise and therefore the legislator pursues to the ‘carrying on an enterprise” definition.Doing so, in fact the legislator leaves the enterprise concept undefined. The carrying on by one ormore persons of an organised economic activity, whether or not it is “commercial” in nature,consisting of producing, administering or alienating property or providing a service, constitutes thecarrying on of an enterprise. The enterprise is a term long time connected with commercial andprivate law. All past decades, beginning with the old Commercial code, then socialist economy andpost-communist era used intensively the concept of enterprise. The meaning of this term differedsubstantially in every decade. Present notion need scientific scrutiny in order to crystallize aconvergent approach. In our paper we will consider the notion of enterprise starting from the pastperception of this concept then we will try to observe the variety of enterprises under present law.
关键词：enterprise; professionals; new Civil Code; carrying on an enterprise; commercial;law.
