Procedural material jurisdiction of the specialized sections in the matter of disputes against professionals. Delimitation criteria. The tort liability confers jurisdiction on a specialized section, it concerns the activity of some professionals

DREPTUL AFACERILOR

Abstract

When the alleged illegal deed is related to the conduct of businesses between two companies, the procedural material jurisdiction shall be conferred on the section specialized in disputes against professionals. The former provisions of the Commercial code – 1887 (art. 3 and art. 4), repealed by the new Civil code, have not lost their usefulness and actuality as regards the determination of the commercial nature of the dispute even after the adoption of the one-tier system in the private law by the new Civil Code. The relevance of the objective criterion, applicable to the qualification of the activities carried out by a director of a company, as objective commerce acts, but also of the subjective criteria resulting from the commercial legal relationships developed between merchants, deemed to be subjective commerce acts, are also used at present to determine the dispute nature.