Profesionistul „clandestin

The implementation of the monistic theory of the current Civil Code ensured as novelty the introduction of the legal term „professional” into the national law system. The absence of a clear overall regulating definitions for the professional, doubled by the set up of some special definitions, entails discussions regarding the special features of the status of professional itself. The uniqueness character of the element „operating a business” in acknowledging the quality of professional, imposed by the Civil Code, is altered by the special legislation by express or implicit conditioning of this status of formalities such as recording in a special advertising and/or authorization register. The analysis of this complex and contradictory legal framework applicable in the field ensures the context for the identification of the „clandestine” professional as a species of the professional set up by the Civil Code.