Tipologia acțiunii prin care se solicită pronunțarea unei hotărâri care ține loc de contract
The tyopology of action seeking a judgment in lieu of a contract

Summary/Abstract: The present study will mainly focus on the typology of the action requesting the delivery of ajudgment in lieu of a contract, taking into account some doctrinal and jurisprudential „misunderstandings”regarding the admissibility of this action during the period of application of the Civil Code of 1864. Theanalysis will take into account, in addition to the theoretical aspects of the subject, the case law developedon the substantive conditions of the action for a judgment in lieu of a contract. The selected judgmentsare mainly handed down by the District 2 Court of Bucharest, but relevant practice has also been identifiedin the case law collections dedicated to this topic. The purpose of analyzing the judgments is both toexemplify the theoretical notions and, above all, to highlight the way in which the legal provisions havebeen applied by the courts.

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