Part IV
Andreea-Teodora STĂNESCU, Lecturer Professor, Considerations on independently conducted economic activities in comparative law
Conducting economic activities in an independent way is a manner of conducting economic activities reserved for individuals. This involves adopting, repeatedly, a conduct expressing an economic activity, in a manner that yields the conclusion that this is the expression of pursuing a profession. In addition, conducting economic activities in an independent manner involves the absence of any subordination to the beneficiary of the activity, taking a risk and foreshadowing a profit. Generally, the legal systems uphold the right to conduct economic activities in an independent manner on a constitutional level. The exercise of this right remains the domain of sebsequent legislation. In terms of acces to independently conducting economic activities, the legal systems settle limitations, by introducing compulsory fulfillment of conditions regarding: nationality, capacity, age or morality. The checking of fullfillment the above-mentioned conditions is achieved by attending a registration procedure in a trade register. Conducting economic activity in an independent manner is characterised by the existence of an unlimited liability. In terms of cessation of conductiong economic activities in an independent manner, the legal system asserts the same causes: the will of the individuals and deficiencies in fulfilling the condition for independently conducting economic activities.
Keywords: economic activities, comparative law, individual trader
« back