UNILATERAL RESCISSION - A UNIVERSAL INSTITUTION, ALIGNED TO THE DEMANDS OF TRADE ANYWHERE
UNILATERAL RESCISSION - A UNIVERSAL INSTITUTION, ALIGNED TO THE DEMANDS OF TRADE ANYWHERE

Summary/Abstract: One of the pieces of novelty of utmost interest introduced by the New Civil Code is regulation of the right to unilateral rescission at art. 1.552, drawing up on the legislation of other countries which are particularly sensitive to trade interests, and thought differently of the role of the specialized judge. Under such law systems, the creditor may decide to unilaterally break the contractual bond in case of a default. When the debtor is dissatisfied, and finds such breaking of contractual unreasonable, they may claim and obtain from a judge damages ordered against such a rushed creditor. Thus, the intervention of the judge is nothing but a aposteriori review of rescission, which only occurs further to a claim of a debtor, which, in their opinion, has been unreasonably, imposed the break of the contractual relations. Unilateral rescission regulated by the New Civil Code qualifies as a genuine display of private justice. Today, a creditor under the Romanian law has the possibility, even in absence of a contractual clause, to declare the contract unilaterally and out-of-court rescinded, too. Consequently, we can even state that, by reference to the Ordinance dated 10 February 2016 adopted in France,which was the first to regulate this modus operandi of rescission under the French legislation,Law no. 287/2009 on the Romanian Civil Code was a genuine milestone.

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