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The New Civil Code: Monistic Theory between Intention and Reality

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  • Maria DUMITRU

    (Associate Professor Ph.D., Petre Andrei University of Iaşi, Faculty of Law, Ştefan cel Mare University of Suceava, Faculty of Economical Science and Public Administration;)

Abstract

According to the explanatory memorandum, by adopting a new Civil Code the intention was to introduce the regulatory monistic conception of t he relations in private law in one code. Therefore the legislator declares that it incorporated “all” regulations regarding persons, family relations and trade relations in a single act: the Civil Code. To what extent the above stated intention is reflected in reality we try to analyze below. Both before adopting the new civil Code and also now, the controversy aroused by the unitary/plural character of private law only concerns the area of trade and commerce. Because the monistic theory of regulatory issues, has always bordered on the civil-commercial law relationship, our approach will also only fit in this range.

Suggested Citation

  • Maria DUMITRU, 2013. "The New Civil Code: Monistic Theory between Intention and Reality," Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 5(2), pages 5-12, December.
    • Handle: RePEc:lum:rev1rl:v:5:y:2013:i:2:p:5-12
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    More about this item

    Keywords

    monistic theory; commercial law; private law;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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