Business Law. Topics and contracts

Business Law. Topics and contracts

Autors: Camelia Florentina Stoica, Silvia Lucia Cristea

Year of appearance: 2011

ISBN: 978-606-505-428-8

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The topics of this paper are the result of a hard scientific work performed for years by the authors and it is the basic knowledge needed by students in economics to understand business law, whether they are enrolled in day courses or at distance learning courses.
 Chapter 1, dedicated to the subjects of the business law, analyzes the three forms of the independent activities, regulated by the Governmental Emergency Ordinance no 44/2008, namely: P.F.A. – authorized physical person, individual agent and family enterprise. The legal status of the physical person commercial agent is analyzed in detail, from the point of view of its commercial obligations.
 Chapter 2 analyzes two legal institutions, very important to perform commercial activities: the enterprise and the commercial assets, with their main features, similarities and specific differences. The components of the commercial assets are analyzed, focused on the non-tangible elements and their characteristics: company name, logo, brand, customers, commercial area, invention patent, as well as on the operations that can be done with the commercial assets: sale, donation, rental, contribution and genuine real estate security.
 Chapter 3 analyzes the legal status of the commercial companies starting from their classification in: companies of persons/companies of capital, and presents the stages of a company: setting up, registration, operation, dissolution and liquidation.  The comparative presentation of the commercial companies, as regulated in the New Civil Code adopted in 2009, as against the regulations in Law no. 31/1990 regarding commercial companies, at the end of the chapter, is interesting and new.
 Chapter 4 is dedicated to commercial obligations and their specifics from the point of view of the conclusion and the execution of contracts, the characteristics of the commercial obligations: solidarity of obligations, de jure turning to account of the money, lack of a grace period of time, litigation withdrawal and conditions of the contractual liability (including analysis of the penal clause), and the subject of evidence in business law.
 Chapter 5 is dedicated to special commercial contracts and includes analysis of the sale-purchase contracts, commercial mandate contracts, commission contract, consignment contract, agency contract, commercial warehouse contract, sale and repurchase  contract, leasing contract s and current account contracts.

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