The Concept of Professional in the New Civil Code

Starting on October 1, 2011 the dual system of regulation of private law relations–i.e. through a Civil Code and a Commercial Code, as distinct normativedocuments–was abandoned in favor of a single system, meaning that all privatelaw relations currently enjoy a unique regulation, as reflected by the new CivilCode (NCC).This change, produced in terms of how to regulate private law relations, alsomarked a change in the approach to the scope of commercial law, namely thetransition from an objectiveregulatory system to a subjective one.In accordance with the provisions of art. 3 par. 2 and 3 NCC, the professional isthe person "(...) who operates an enterprise", and the operation of an enterprise is"(...) the systematic exercise, by one or more persons, of an organized activity,consisting of producing, managing or disposing of goods, or of performingservices, whether for profit or not"(art. 3 par. 3 NCC