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The Silent Partnership In Romania– Theoretical And Practical Aspects

Author

Listed:
  • Anca POPESCU-CRUCERU

    (University Artifex of Bucharest, PhD Student in Law at Bucharest University of Economic Studies)

Abstract

The silent partnership raised a significant number of controversies, both in doctrine and in jurisprudence, most of them generated by the regulation comprised in the Commercial code, where the concept is provided with a different notional sense – the contract. The actual regulation comprised in the New Civil Code reflects an approach of the silent partnership within the legislative context of companies, thus referring to this associative form as to an entity presenting all particular components of companies, respectively the contributions, the affectio societatis, as well as the distribution of the benefits. The silent partnership does not own and cannot acquire legal personality, unlike the simple partnership, which, upon shareholders’ decision, it may become a company form regulated by the Law no. 31/1990 on companies.

Suggested Citation

  • Anca POPESCU-CRUCERU, 2014. "The Silent Partnership In Romania– Theoretical And Practical Aspects," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 323-330, December.
    • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:323-330
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    File URL: http://www.businesslawconference.ro/revista/articole/an3nr1/41.%20Popescu-Cruceru%20Anca%20EN.pdf
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    References listed on IDEAS

    as
    1. Andenas,Mads & Wooldridge,Frank, 2009. "European Comparative Company Law," Cambridge Books, Cambridge University Press, number 9780521842198.
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    More about this item

    Keywords

    silent partnership; companies; agreement; affectio societatis; contributions.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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