Abstract:

Starting on October 1, 2011 the dual system of regulation of private law relations – i.e. through a Civil Code and a Commercial Code, as distinct normative documents – was abandoned in favor of a single system, meaning that all private law relations currently enjoy a unique regulation, as reflected by the new Civil Code (NCC). This change, produced in terms of how to regulate private law relations, also marked a change in the approach to the scope of commercial law, namely the transition from an objective regulatory system to a subjective one. In accordance with the provisions of art. 3 par. 2 and 3 NCC, the professional is the person "(...) who operates an enterprise", and the operation of an enterprise is "(...) the systematic exercise, by one or more persons, of an organized activity, consisting of producing, managing or disposing of goods, or of performing services, whether for profit or not"(art. 3 par. 3 NCC)

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