SISTEMATIZAREA ELEMENTELOR ȘI EFECTELOR CONTRACTULUI COMERCIAL DE CONCESIUNE

Abstract

The evolution of human society has always been interdependent with scientific progress. Individuals, viewed in isolation or considered collectively, permanently under the influence of new socio-historical realities, formulated new requirements regarding their individual existence and that of the collective. And one of the new requirements that were put forward was - the concession. In the 16th century, in France, for the purpose of economic development, administrative bodies tried to use the work of individual entrepreneurs under their own control. Thus, in 1554, the first concession was offered to Adam de Craponny for the construction of a canal. In this sense, for the European community the concession represents a legal institution already rooted in society, while for the Republic of Moldova the concession represents new contractual relations, which generate many more questions and ambiguities over the course of many years, and in some practical cases it has reached some uncertain and bizarre situations. From this perspective, the matter analyzed is current and required in the legal relations within the commercial concession contract, especially since the concession appears as a contractual relationship between the state (through its representative bodies) and private investors in order to stimulate, attract and invest their capital in the national economy, later to be regulated by different normative acts.