The Limits of the Settlement (Transaction Agreement) Conclusion According to Romanian Law

• Author: Spirchez, G.B.
• Position: PhD student Faculty of Law and Administrative Sciences, Craiova University
• Pages: 167-172

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 1 - 2013

THE LIMITS OF THE SETTLEMENT

(TRANSACTION AGREEMENT)

CONCLUSION ACCORDING TO

ROMANIAN LAW

Georgeta Bianca SPÎRCHEZ1

Abstract: The Alternative Dispute Resolution, or the means of solving

disputes outside the State jurisdiction, primarily through the settlement

(transaction agreement) conclusion, have an important expansion in all

areas of law. The following study aims to identify the scope of the settlement,

according to the Romanian regulations into force. In this approach , there

will be identified the main categories of rights that can be the object of a

settlement (transaction agreement).

Key words: settlement, compromise, dispute resolution, public order.

1PhD student Faculty of Law and Administrative Sciences, Craiova University.

1. Introductory remarks

In order to trace the scope of the

transaction agreement, we will identify the

main categories of rights that can make

and cannot make the object of a settlement

according to the Romanian law and

therefore we will follow the applicability

of this contract in the major areas of law.

We start by relating to the special

provisions in this matter, provisions

contained in article 2268 of the Romanian

Civil Code :(1)It cannot be traded on the

capacity or marital status of individuals,

nor on the rights that aren’t at the parties’

disposal;(2) It can be traded, though, on

the civil action derived from an offense.

From this legal text, we find two main

rules regarding the object of a settlement,

as follows:

- a first limitation of the scope of this

special agreement is made negatively, by

determining those rights that cannot be

traded, this category expressly includes the

capacity and the marital status of

individuals i.e. personal non-property

rights. Also, as a general rule, rights upon

which there are prohibited acts of

disposal are excluded from settlement

conclusion. Per a contrario, the rights of

which the subject may dispose can be the

object of the settlement. This rule is an

application of the fact that the transaction

is an act of disposal, which involves the

ability of the subject to dispose of the

right, the foundation of action [5];

- the positively worded rule regards the

civil action arising from an offense.

Thus, in the light of this rule, the injured

party may waive the civil action when

reaching an agreement on the existence of

tort liability and on the amount of

damages, with the offender.