Sunt veritabile excepțiile admise de la principiul non-cumulului răspunderii contractuale cu răspunderea extracontractuală?
Are the admitted exceptions to the principle of non-cumulation of contractual and tortious liability genuine?

Summary/Abstract: The principle of the non-accumulation of contractual and tortious liability, regulated by Art. 1350 para. (3) of the Civil Code, constitutes a rule of public policy (ordre public), which dictates that any exception must be expressly provided for by law.Regarding the exceptions to the principle of non-accumulation, several have been invoked both under the former Civil Code and within the context of the current Civil Code. Under the 1864 Civil Code, it was most frequently asserted that the criminal non-performance of a contractual obligation, intentional non-performance, and stipulations for the benefit of a third party constituted exceptions to the non-accumulation rule. All of these are reaffirmed as exceptions in the current legislative framework; however, legal doctrine adds others, such as: abusive termination of a contract, product liability for damages caused by defective products, and medical malpractice liability.In this study, we have analyzed the exceptions to the principle of non-accumulation of contractual and tortious liability most frequently invoked in legal doctrine, in order to determine the extent to which they constitute genuine exceptions to the non-accumulation rule; the conclusion is as clear as possible: there is no genuine exception to the rule of non-accumulation.

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