Applicability of Legal Norms in Resolving the Commercial Disputes

Abstract

Commercial activity is the heart of the market economy system. In a democracy, freedom of initiative in the commercial field is one of the rights guaranteed to the legal entities. The exercise of this activity, as well as the many other activities that take place in commercial company, is regulated by the legal rules that create a favorable business and incentives climate for the development of economic activities, directly affecting the country's economic growth. New economic developments in the country as well as compelling to bring our commercial legislation in alignment with that of the European Union, makes to arise the need for adopting a new law "On Entrepreneurs and Companies", which will reflect the best experience of European Union countries, in the light of adjustments to EU legislation, whether primary (treaties) or secondary (regulations or directives). Since the legislation in the commercial field is "new", during this period of its implementation (2008-2014) were identified ambiguities, lack of commercial provisions and a unified judicial practice, which would come to help to the commercial companies in evaluating the decisions of its governing organs. Precisely, through this paper is aimed the identification of these problems and possibility to offer potential solutions.

DOI: 10.5901/mjss.2014.v5n23p72