The Civil Code took over the „undertaking” concept, a specific feature of the Commercial Law, and extended its application to the activities of any „professional”, without taking into consideration the lucrative or non-lucrative nature of these activities; unfortunately, neither of these two concepts do not enjoy an extensive regulation under the Romanian law, their legal outline being construed, mainly, through doctrine and case law. Under the...

The concept of „undertaking” is used in several branches of law, but in each of these branches of law the notion of „enterprise” has a different meaning. This paper aims to summarize the definitions and characteristic features of the „enterprise” in the meaning of civil law, competition law and fiscal law, and to present the relevance of these definitions to the respective branches of law.

This paper is addressing the implications of Romanian lawmaker’s choice timplement, in the New Civil Code, a new legal concept, the “professional”, term that encompasses the categories of traders, entrepreneurs and other persons that exercise economic or professional activities.

European competition law refers to the activities of undertakings. Although the treaty does not define the concept of an undertaking, the European Court of Justice has consistently held that any entity engaged in an economic activity, irrespective of its legal form and the way in which it is financed, must be categorised as an undertaking.Any activity consisting in offering goods or services on a given market is an economic activity. Acc...