Parts III - IV

Gheorghe PIPEREA, Ph.D. in Law, Reader, For a new legal frame of the enterprise
The enterprise is an activity organised by a person (entrepreneur) on his own economic risk with the purpose to obtain a profit.

The enterprise is an economic organism set up by the entrepreneur who assumes a risk on his own, risk that consists of combining 3 factors: capital, financial means and labour, which the entrepreneur uses or obtains from others.

The acts undertaken by the entrepreneur in the exercise of his enterprise make it a business.

In the modern law systems the economic character, the lucrative character of the enterprise is emphasised and not its commercial aspect. The enterprise is defined by the economic risk that the entrepreneur takes when he sets up an activity with the idea to obtain a profit. Being given this risk which is taken, the distinction between the commercial and the civil enterprise, as a way of setting up a business, is no longer relevant.

In our legal system the enterprise is often regarded as a legal entity. This concept, besides being wrong, has its origin in the old communist legislation of the economic contracts and in the wrong trends of the actual French legislation to personify the enterprise.

The enterprise is not a legal entity, but an activity of a legal entity. Depending of its titular the enterprise can be a company, an individual or family entity or a public company.
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