PREREQUISITES OF THE RESOLUTION OF A CONTRACT
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
I herein want to emphasise the prerequisites of the resolution of a contract according to the Romanian Civil Code of 2009. The prerequisites of the resolution of a contract are substantially different from those identified under the former fundamental civil legislation (the Romanian Civil code of 1864). This study aims at a better understanding of the new prerequisites of the resolution of a contract: a. a fundamental non-performance of the obligation; b. an unjustified non-performance of the obligation; c. mora debitoris The analysis of these prerequisites reveals a new possible trait of the resolution: a remedy for the non-performance of the contract rather than a sanction or a variety of contractual liability. Thus the modern legislator of the Romanian Civil Code of 2009 proposed to partially change the physiognomy of the resolution of a contract, different from the former institution and here we are in front of a new law institution. The resolution of a contract under the Romanian Civil Code of 2009 is regulated under The 5th Book – The Obligations, The second chapter – The enforcement of the Obligations, The 5th Section – Resolution of the Contract, respectively under the Article 1549 – 1554. As will be shown below, the resolution of a contract has a homogeneous structure without being spread in different parts of the Civil code. The earning lies in the action of organism the new legal provisions, apparently enriched in comparison to those found in the Romanian Civil Code of 1864. Most notably, the Romanian Civil Code of 2009 preserves the Roman legacy. The modern legislator had a difficult task: 146 years of legal doctrine and jurisprudence transposed into a new legislation which, of course, has its flaws. Nevertheless, it should be praised, as it encompasses useful tools to regulate social relations
Authors and Affiliations
Vlad-Victor OCHEA
Keywords
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