THE SILENT PARTNERSHIP IN ROMANIA– THEORETICAL AND PRACTICAL ASPECTS

The silent partnership raised a significant number of controversies, both in doctrine and in jurisprudence, most of them generated by the regulation comprised in the Commercial code, where the concept is provided with a different notional sense – the contract. The actual regulation comprised in the New Civil Code reflects an approach of the silent partnership within the legislative context of companies, thus referring to this associative form as to an entity presenting all particular components of companies, respectively the contributions, the affectio societatis, as well as the distribution of the benefits. The silent partnership does not own and cannot acquire legal personality, unlike the simple partnership, which, upon shareholders’ decision, it may become a company form regulated by the Law no. 31/1990 on companies