Journal of Accounting and Management Information Systems (JAMIS)

The stock-in-hand – fundamental institution of the business law

Supp/2006 ,   p638..647

Ileana VOICA

Keywords:   stock-in-hand, real estate, tangible assets, intangible assets.

Commercial law provisions - that constitute the essence of the business law - refer to the stock-in-hand, also. Before the promulgation of the Law no. 298/2001, there was in the Romanian law no legal definition of the stock-in-hand. Up to this year, the jurisprudence and the juridical literature traditionally considered that the stock-in-hand contained only chattels, tangible and intangible assets allocated by the owner to his businesses. This approach is similar to the French one because the French law is of Roman inspiration as well as the Romanian law. For the preparation of the Romanian law no. 298/2001, the Romanian legislator took the common law conception about stock-in-hand. In this conception the stock-in-hand contains the real estates also. This change in the Romanian approach of the goodwill has had major theoretical and practical consequences. This paper, as a literature review, has the following objectives:
- to mark the frontier of stock-in-hand of the other related notions;
- to determine the legal nature of the stock-in-hand;
- to settle the component items of stock-in-hand and their legal regime;
- to present the juridical acts concerning the stock-in-hand.
The stock-in-hand is a matter in dispute. A lot of foreign and Romanian authors have been arguing about legal nature and composition of the goodwill. This paper aims at clearing up the impact of this amendment (the law no. 298/2001) over the conception regarding the stock-in-hand.