ASPECTE PRIVIND REGIMUL JURIDIC AL ÎNTREPRINDERILOR INDIVIDUALE ŞI FAMILIALE REGLEMENTATE PRIN ORDONANŢA DE URGENŢÃ A GUVERNULUI NR. 44/2008 ÎN LUMINA NOULUI COD CIVIL ŞI A LEGII NR. 71/2011 ŞI SUCCINTE APRECIERI ÎN LEGÃTURÃ CU DEMERSUL DE REFORMARE A DREPTULUI PRIVAT

In this study, the author, while reporting certain provisions of the new Civil Code (Law no. 287/2009) and of Law no. 71/2011 for the implementation of the new Code, as compared to certain provisions of the Government Emergency Ordinance no. 44/2008 regarding the performance of the economic activities by self-employed persons, believes that through Art. 11 of Law no. 71/2011, one has not granted legal personality to the individual and family enterprises regulated by the ordinance mentioned above, while on the contrary, through Art. 2324 (4) of the new Civil code (in force as of 1 October 2011), one has implicitly amended Art. 31 of the said Emergency Ordinance. Finally, the author opinionates that the “Monist” concept of the new Romanian Civil Code (namely, the cancelation of the trade law and the existence of a unique civil law, which also incorporates the former trade law) is more of a formal issue, not a substance one.