In our opinion, branches, working points and other quarters of a company with legal personality cannot be considered as having the legal nature of some patrimonies by appropriation of the parent company.
We firstly consider the fact that there is no legal provision to regulate the possibility for commercial companies to set patrimonies by appropriation, others than fiduciary patrimony units.
31/1990 on companies, the special law related to the Civil Code, does not stipulate any provision allowing companies with legal personality to set patrimonies by appropriation.
Secondly, considering the secondary quarters of the company with legal personality equal to the patrimonies by appropriation could trigger structural changes in the current legal regime of the branch, namely it will be replaced by the one applicable to the patrimony by appropriation, idea difficult to accept in the current legal framework.
Obviously, the company can set patrimonies by appropriation (21), but only as fiduciary patrimony units as settlor--legal person, right ascertained by art 776 of the Civil Code related to the provisions of art 31, paragraphs (1)-(3) of the Civil Code.
Substantiating their action through the insufficiency of the goods from the patrimony by appropriation, professional creditors can cross the border between special patrimonies, stepping into the personal patrimony of the debtor and pursuing their personal goods.
Unlimited liability has a secondary nature, the merchant being able to claim the benefit of excussion if the legal order of preference is broken when their special patrimonies are pursued.
Obviously, patrimony units are fully independent, "the creditors of a separate patrimony can pursue only the goods from such patrimony and the person intended to be protected based on the separation of patrimonies or who has some interest in the separation of patrimonies, can intervene to reject the claims of the creditors who try to force the boundaries of the separate patrimony, acting against other goods from other patrimonies" (30).
The protection of the creditors of the patrimonies by appropriation belonging to merchants--natural persons is ensured through appropriate publicity of their limited liability.
A type of patrimony by appropriation is the patrimony unit allotted for a certified profession or the professional patrimonies by appropriation.
Accepting and regulating the creation of patrimonies allotted to a certain purpose, of patrimony units whose existence is indissolubly related to the purpose of their creation, we don't see any impediment in alienatinginter vivosthe patrimony by appropriation.