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The associative forms in Romania following the new Civil Code, republished in 2011

Author

Listed:
  • Angela Miff

    () (Faculty of Economics and Business Administration, University „Babes-Bolyai” Cluj-Napoca, Romania)

Abstract

During time, the association has evolved as a form of socio-economic organisation in order to perform non-professional or, by case, professional activities. The legislative sources have emphasized, in time, the variety of the ways of manifestation of the association among different law subjects – physical and/or legal persons. The new Civil Code (2009), republished in 2011, in force since the 1st October 2011, fundamented on the monist approach of regulation, as the common-law norm for all the domains that the letter and the spirit of its provisions refer to, regulates the contract of association, in chapter VII of the 5thBook; apart from the general norms applicable to all such contracts of association, the present code replaces the former civil society without legal personality with the present simple society and, also as a novelty element, transposes the regulation of the silent partnership from the former framework of the Commercial Code (1887, abrogated almost in totality) in the section 3 of the same chapter VII, the 5th Book of the code. The elements that are similar with the former regulation outline the continuity aspects in the conception of these juridical institutions in a modern approach that transposes aspects which were clarified by the jurisprudence or the legal doctrine.

Suggested Citation

  • Angela Miff, 2013. "The associative forms in Romania following the new Civil Code, republished in 2011," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 3(2), pages 289-307, December.
  • Handle: RePEc:asr:journl:v:3:y:2013:i:2:p:289-307
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    More about this item

    Keywords

    association; associate; right; liberty; simple society; associative forms; the silent partnership.;

    JEL classification:

    • K19 - Law and Economics - - Basic Areas of Law - - - Other
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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