General considerations on the 'specific rules between professionals' according to the new civil code

• Author: Elise Nicoleta Vâlcu - Ionel Didea
• Position: Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania - Faculty of Law and Administrative Sciences University of Pitesti, Pitesti, Romania
• Pages: 213-218

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 1 (2013), pp. 213-218

213

GENERAL CONSIDERATIONS ON THE “SPECIFIC RULES

BETWEEN PROFESSIONALS” ACCORDING TO THE NEW CIVIL

CODE

E. N. Vâlcu, I. Didea

Elise-Nicoleta Vâlcu

Faculty of Law and Administrative Sciences

University of Pitesti, Pitesti, Romania

Address: University of Pitesti, Faculty of Law and Administrative Sciences, 71 Republicii

Blvd., Pitesti, Postal Code 110014, Romania

Email: elisevalcu@yahoo.com

Ionel Didea

Faculty of Law and Administrative Sciences

University of Pitesti, Pitesti, Romania

Address: University of Pitesti, Faculty of Law and Administrative Sciences, 71 Republicii

Blvd., Pitesti, Postal Code 110014, Romania

Email: prof.didea@yahoo.com

Abstract

Regarding the obligations, the new Civil Code states multiple and essential changes.

In this context, by this article we aim to analyze to what extent all derogatory rules, as it were

stated by the Commercial Code were inserted in the new regulation. We aim all those rules

which determine the derogatory feature of commercial obligations towards the civil

obligations, namely: conclusion of distance contracts, determining the location for

performance of contractual obligations, determining the price between professionals,

solidarity between obligors and guarantors, the interdiction for granting the grace period.

Keywords: new Civil Code, commercial obligations, professionals, contract

Introduction

The autonomy of the commercial law towards the civil law was stated in clear terms

by Art 1 Para 1 of the repealed Commercial Code: “The law applicable for trades is the

present Code, where this does not state the Civil Code shall be applied”. For reasons that

have emerged with the creation of the medieval rules of commercial law have been imposed

certain exceptions from the rules of the common law regarding obligations

1

.

Specific rules stated by the Commercial Code repealed by the entrance into force of

the new Civil Code which stated a different legal regime for trade relations were inserted in

the new Civil Code and either extended for all private law relations regardless of their parties

(for instance the conclusion of distance contracts, legal regime of interests, determining the

location for performance of contractual obligations etc.) or still aim only the relations

between professionals (for instance solidarity between obligors, determining the price

between professionals etc.).

Conclusion of distance contracts

The conclusion of distance contracts is stated by Art. 1182-1200 of the new Civil

Code, and is applicable both to civil law contracts, as well as for the relations between

professionals.

1

Presently, according to the Civil Code “activities of production, trad e and services”.