LIMITED LIABILITY COMPANY’S DELIMITATION FROM THE COMPANY FORMS PROVIDED BY THE LAW NO.31/1990 ON TRADING COMPANIES AND THOSE GOVERNED BY THE NEW CIVIL CODE

摘要

Having regard to the practical importance presented by this type of company, as it is the organizational manner of the industrial activity preferred by entrepreneurs, the limited liability company has met along time transformations which enriched and reconfigured its legal regime. All along the current research, we propose to analyze in detail all these legislative instruments and those related to the modifications occurred in the new civil code. However, legislator’s attempt to unify the applicable rules of the great majority of legal relationships established between private persons, between natural and/or legal persons of private law, to which are added the institution of the professional, generates a series of confusions in what regards the understanding of the new civil code. On the grounds of the new civil code, within which the difference between the variety of associative forms (associations, foundations and companies) is attenuated, where the distinction between partnership and trading company disappeared, all these forms of organization entering in the category of professionals, it is substantially changed the vision of the companies developing an economic enterprise.