Promisiunea de porte-fort si articolul 973 din codul civil român (i)
Porte-fort Agreement and Article 973 of the Romanian Civil Code (I)

Summary/Abstract: The porte-fort promise represents an apparent exception to the principle of relativity of the conventions’ effects (res inter alios). Indeed, the porte-forte promise gives value to an agreement that leaves the impression of interference within the legal sphere of another person stranger to the agreement. The promisor will assume such a commitment due to the family or friendship relationships with the third party; otherwise, in the absence of such connections, the convention rests a mere fragile and hazardous construction. In what concerns its validity, the portefort convention is valid as soon as the agreement between the creditor and the promisor is ascertained. The third party’s decision does not represent a condition of validity of the porte-fort promise. However, we believe that the efficiency of the legal procedure named porte-fort cannot be analyzed only at the static moment, of establishing the basic convention (essential); the process is dynamic, in evolution, when the manifestation of the third party’s will is expected. Only in the event of an analysis also of its dynamic aspects, does the porte-fort promise reveal its reports with the principle of relativity of conventions.

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