Decision no.

325/1997
For S.C. "AGROCOM CORINA" S.R.L. to pay the price and penalties for paying late

The Local Administration had asked S.C. “AGROCOM CORINA” S.R.L to pay the price and penalties for paying late, showing that, based on the renting contract with the defender for a land, but this one didn’t fulfill its obligation to pay the rent. The Court retained that the litigation brought to court has no commercial character, because the renting contract – invoked in order to sustain the action - was made with the individual C.N., natural person, and not with S.C. “AGROCOM CORINA” S.R.L., the defender in this action. As such, it will have no effect that later C.N. has concluded a partial association contract with this company in order to exploit the rented land. The plaintiff has declared appeal enforcing the commercial character of the litigation. Between the Local Administration, as the landowner, and C.N., as the lodger, had been concluded a renting contract for a surface of land by public auction. C.N., as lodger, had closed an association in participation contract with S.C. “AGROCOM CORINA” S.R.L in order to execute in common the necessary activities rising from the exploitation of the rented land – this fact had been brought to the attention of the plaintiff. S.C. "AGROCOM CORINA" S.R.L., constituted according to Law no. 31/1990 regarding commercial companies has the quality of merchant and, as follows, according to art. 7 from the Commercial Code and from it, the company is submitted to the commercial laws and jurisdiction for all the appeals that might rise from its activities that it has developed under the merchant quality. (art. 9 from the same code). So, the appropriate competence for solving the litigation – which value is higher than 10 million lei (now 1 billion), is transferred first to the Court according to art. 2 par. 1 let. a from the civil procedure code, reason for which the appeal was admitted, with the consequence that the solving procedure will be passed to the Court.

1. Why the Appealed Court decided that the litigation is of commercial competence? 2. Which are the types of merchants presented by our Commercial Code? 3. Present the authorization and registration procedure of a natural person!

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