ÎNȚELESUL SINTAGMEI „ARBITRAJ COMERCIAL” [ART. 146 LIT. D) DIN CONSTITUȚIE] ÎN CONDIȚIILE „MONISMULUI” NOULUI COD CIVIL ROMÂN

This study raises for discussion the current meaning of the term „commercial arbitration” within the text of Article 146 d) of the Constitution since, presently, under Article 3 of the current Romanian Civil Code, corroborated with Article 8 of the Law No 71/2011, and of other normative acts issued for the application and the development of the provisions of the Civil Code, the latter is „monistic”, in the sense that the new civil legislation has abandoned the traditional division into civil legal relations and commercial legal relations, a duality that existed in the legislation of private law in Romania until 1 October 2011.