PARTICULARITIES CONCERNING THE COOPERATIVE COMPANIES

The new Civil Code contains the general regulation applicable to all companies, which is, however, to be completed with the special legal provisions relating to different categories of companies, which have remained outside the Civil Code. Thus, the Romanian legislator does not include within the new Civil Code the legal regulation applicable to companies with legal personality, without taking into account the example of other modern European legal systems of monist approach, such as the Italian system of law. Therefore, taking into account that even the legislator qualifies the provisions of the Civil Code which governs the company as the common law in this field, while maintaining the special legal regulation in relation to certain categories of companies, an analysis of the legal provisions on cooperative companies, emphasizing their particularities, as well as the necessary correlations between the general and special regulation, appears as extremely useful both theoretically and practically