Tranzacția – trăsături distinctive și aspecte comparative
Compromise agreement – distinctive features and comparative aspects

Summary/Abstract: This article examines the institution of compromise agreement (settlement), one of the few institutions that are regulated by both civil law and civil procedural law, and by means of which the courts can be relieved of the plethora of cases that overwhelm them. Being a derivative of the principle of availability in civil proceedings, the compromise agreement represents the accordance of the parties to put an end to a lawsuit that has been initiated or is about to be initiated, and has numerous advantages over a court judgment, the most important of which is that it puts an end to the conflict on terms agreed by the parties and not by the court, which mitigates the effects of disagreements between the parties and leaves room for new contractual relations in the future. The benefits of this legal instrument are recognised not only by our legislator, but also by the legislative bodies of other European countries, whose regulatory peculiarities are revealed in this research, while at the same time the similarities or delimitations in relation to national legislation are presented.

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