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SOLE TRADER UNDER THE ROMANIAN LEGISLATION
Abstract
The paper aims to analyse the sole trader (Rom., persoana fizica autorizata or P.F.A.) from the Romanian law perspective, by focusing on the characteristics of this legal institution, the liability for performing economic activities under this form, as well as certain implied practical and fiscal issues. The Romanian legislation has suffered serious amendments in the last period as it is the case of the Romanian Civil Code, which has been amended in year 2011. The legal provisions on the sole trader have been also subject to changes, the most recent amendments entering into force in January 2017. So, the current legal framework allows a sole trader to perform not more than five economic activities or to hire up to three people under employment contract. The new Civil Code has introduced the notion of professional, which is seen as any person that exploits an enterprise. Although in most of the Romanian legal literature the sole trader is seen as a professional, the new legislation lays down the conditions in which any interested party may prove this capacity of the sole trader. Therefore, the opportunity of such changes may be subject to arguments.
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References14
Art. 3 of GEO No. 44/2008 on economic activities carried out by sole traders, individual enterprises and family enterprises;
Published in Romanian Official Journal no. 328/2008;
St. Cărpenaru, Tratat de drept comercial român, Universul Juridic Publishing House, Bucharest, p. 38, 2012;
Art. 3 GEO;
Art. 3(2) of GEO;
Art. 38 of the Civil Code provides that the full capacity of exercise shall commence on the date when a person turns 18, which is also the age at which the conclusion of marriage is permitted; However, Art. 40 of the Civil Code provides that, the anticipated capacity of exercise is possible at the age of 16 by court order for grounded reasons or by the exception approval of marriage, irrespective of sex (Art. 272 of the Civil Code);
Trade Register Law No. 26/1990 is applied in connection with the registration formalities;
Art. 68 et seq. of the Romanian Fiscal Code;
see also http://gestiunepfa.ro/despre-ghid-pfa/ ;
Ioana Nely Militaru, Dreptul afacerilor. Introducere în dreptul afacerilor. Raportul juridic de afaceri. Contractul, Universul Juridic Publishing House, Bucharest, p. 53, 2013;
Art. 3 GEO;
High Court of Cassation and Justice, Commercial Section, Decision No.1072/2009;
Art. 3 of the Romanian Civil Code;
Published in Romanian Official Gazette No. 409/2011.
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