Enforceable contracts and the consequences of termination on them in Romania

Author:Raluca Antoanetta Tomescu
Position:Doctoral School of Law, Nicolae Titulescu University, Bucharest
Pages:185-196
SUMMARY

The article is dedicated to the overall presentation of contracts to which the law recognizes the power of enforcement, in a brief retrospect carried out through the Roman law and their evolution to the present day as they are found in the Civil Code or special laws that govern them. The contract is in effect, the conventional framework by which parties incur obligations and acquire rights in... (see full summary)

 
FREE EXCERPT
Enforceable contracts and the consequences of termination
on them in Romania
PhD. student Raluca Antoanetta TOMESCU
1
Abstract
The article is dedicated to the overall presentation of contracts to which the law
recognizes the power of enforcement, in a brief retrospect carried out through the Roman
law and their evolution to the present day as they are found in the Civil Code or special
laws that govern them. The contract is in effect, the conventional framework by which
parties incur obligations and acquire rights in relation to each other, representing the
materialization of the agreement of the parties and is only deemed validly concluded if the
parties have expressed their consent freely and without undue influence. Contract partners
are free to insert any clauses they want in the Covent signed, provided that they d o not
contravene to public order or morality. But the aim is to highlight both the power of the
contract, and even more the importance of expressing the individ ual’s will on its fate. The
importance of this legal act never contested, made the legislator invest it with the force of
law between the contracting parties. So in cases expressly stipulated by the rules of law,
this legal act has been given the benefit of enforcement , however without prejudicing in any
way the principle of autonomy of will and without creating a co ntractual imbalance,
privileges or discriminations.
Keywords: contract; enforcement; termination; forced execution
JEL Classification: K12
1. Preliminary considerations
Everything in our life is governed by contracts. From the first moment our
life is ruled by them. Citizenship, for example, is a contract with the state in which
you were born. Any sale or purchase, marriage, labor, school attended by us or our
children, a new house or car, holidays and illnesses we suffer from, every move we
make leads to acceptance of a contract, or is a consequence of their existence .
The contract is, worldwide, the quasi-exclusive instrument of the
movement of assets and one of the essential legal mechanisms of economic
activity
2
. The contract - is in fact the conventional framework whereby the parties
incur obligations and acquire rights in relation to each other. It is the agreement of
the parties and can only be deemed validly concluded if the parties have expressed
their consent freely and without undue influence, and its subject is moral and
1
Tomescu Raluca Antoanetta, Doctoral School of Law, Nicolae Titulescu University, Bucharest;
e-mail: ratomescu@gmail.com
2
Stanciulescu Liviu, Civil law course-Contracts, Ed.Hamangiu, Bucharest, 2012.

To continue reading

REQUEST YOUR TRIAL