The Relationship between the Employment Contract and other Civil Contracts

Author:Radu Razvan Popescu
Legal Sciences in the New Millennium
The Relationship between the Employment Contract and other Civil
Răzvan Radu Popescu1
Abstract: The employment relationship is a contractual one and as such must have all the basic elements
of an enforceable contract to make it l egally binding. In strict contractual te rms, the offe r is made by the
employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally
binding agreement and an action will lie against the pa rty who breaches that agreemen t, even though it
may only j ust have come into existence. An emplo yment contract, however , is unlike most other contracts.
Although th e parties will have negotiated the main terms, we shall see that a large number of terms wil l be
implied in to the agreement from all sorts of different so urces and will not have been individ ually
negotiated by the part ies at all. This is what makes an employment contra ct so different from other
contracts. We think this article is an importan t step in the disclosur e of the problem eraised by these two
Keywords: ci vil contract; mediation; volunteer; solidarity agr eement
A. The relationshi p between the indi vidual employment contract and the service provision
civil contract
Both in the specialty literature2 and, especially, in practice, occurs the question related to the
possibility to still conclude civil contracts for the provision of certain activities, in the conditions in
which the present Civil Code no longer refers to the service provision civil contract, as the old Code
did in art.1470 para.1 and art.1413.
Still, we consider that it continues to be possible to conclude service provision civil contracts, for
certain activities, especially with occasional character and excluding the subordination relationship
between the provider and the beneficiary of the work, on the grounds of the regulations in civil law
(and not based on the Labour Code), relying on the following arguments:
- the civil contract is one of the basic institutions of civil law, representing the common root for
other types of contracts;
- the current Civil Code allows the existence of unnamed contracts (art.1168), and then, the listing
of certain types of contracts is not exhaustive (art.1171-1177 and art.1650-2278);
1Associate Professor, PhD, National School of Political Studies and Public Administration, Romania. Address: 6, Povernei
Str., District 1, Bucharest, Romania, Tel.: +40021318.08.97, Corresponding author:
2 See (iclea, 2014, pp. 356-358)

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