ro fr
universul juridic magazin

Are we in the presence of a contradiction between the “monistic” concept of the new Civil Code, on the one hand, and art. 2.557 par. (2) of the same Code, corroborated with the existence of the legal discipline of the international trade law, on the other hand?

Reiterating his view [in that the commercial law is not an autonomous branch of law, but is part of the Romanian civil law, with effect from 1 October 2011, since the new Romanian Civil Code entered into force (Law no. 287/2009, as republished) Code essentially “of monistic nature”], the author criticizes the view (to the contrary) of certain theorists and practitioners, focusing on art. 2.557 par. (2) of the Code, as well as the existence – undisputed – of the legal discipline entitled the international trade law.