9, 1917; for the English version of the theory on patrimony of Aubry and Rau, please see: Kasirer, Translating Part of France's Legal Heritage: Aubry and Rau on the Patrimonies, 38 Revue generale dedroit 453, 2008.
In this respect, there is necessary to generalize the principle of full autonomy of the patrimonies by appropriation, between themselves and compared to the personal patrimony of any entrepreneur by including in the area of enforcement of such principle, the patrimonies by appropriation of merchants--natural persons.
The effects of "proofing", of the full autonomy of special patrimonies of the merchant--natural person could strengthen the function of business tool of the patrimony by appropriation by protecting the personal patrimony of the merchant related to the risks inherent to the economic activities and through the creation of circumstances to regulate the right of the merchant to alienate, at any time, by documents inter vivos, their patrimony by appropriation.
Given that the use of the patrimony by appropriation as tool in making business cannot be designed without the possibility to alienate it by documents inter vivos, the Romanian law should, based on a specific means, allow merchants such alienation, having as reference the regulations on the alienation of professional patrimonies by appropriation and the models offered by other European legislations.
In terms of the topic analyzed hereby, the provisions of the law as regards the alienation of the professional patrimonies by appropriation of family doctors are extremely interesting.
The comparative analysis of the legal regime of the merchant-natural person's patrimony by appropriation to those of fiduciary units established by merchants--legal persons and, in particular, to the professional patrimonies by appropriation, reveals significant differences as regards the protection offered to the personal patrimony of certified professionals, to the full autonomy of their special patrimonies.
The separation of patrimonies of the merchant--natural person (of the patrimony by appropriation compared to the personal one) is imperfect and the merchant cannot protect their personal patrimony from the pursuit of professional creditors.
Therefore, the professional patrimony by appropriation of lawyers can be alienated by documents inter vivos and the only temporary impediment concerns the publicity of the transfer deed at the Electronic Registry of lawyers' patrimonies by appropriation (49), which does not exist at present.
Also, based documents inter vivos, the patrimonies by appropriation of several professionals can be alienated, respectively doctors (art 69, paragraph 2 of Law no.
Returning to the alienation of patrimonies by appropriation by inter vivos, we will refer to art 791 of the Civil Code, which regulates the transfer of the fiduciary patrimony from the fiduciary assignor to the beneficiary, as effect of the termination of the fiduciary contract.
The protection of the creditors of the patrimonies by appropriation belonging to merchants--natural persons is ensured through appropriate publicity of their limited liability.