PREZENTARE GENERALĂ A CONTRACTELOR CIVILE, CLASIFICATE DUPĂ CRITERIUL CONŢINUTULUI LOR
AN OVERVIEW OF CIVIL CONTRACTS, CATEGORIZED PER THEIR CONTENT

Summary/Abstract: This article offers an overview of civil contracts, classified based on their content, as outlined in the current Civil Code and interpreted by prominent legal scholars. The distinction between unilateral and bilateral (synallagmatic) contracts is analyzed, with emphasis on the changes introduced by the modern Civil Code. Historically, the 1864 Civil Code defined contracts as agreements between parties to establish or terminate legal relationships, while the current code expands the definition to include the possibility of modifying these relationships. The article further explains that unilateral contracts involve obligations for one party only, while bilateral contracts are characterized by mutual and interdependent obligations. The principle of reciprocity in bilateral contracts is essential, as obligations are intertwined, and non-performance by one party may lead to the suspension of the contract or its termination. This is exemplified by mechanisms like the "exceptio non adimpleti contractus" (the exception of non-performance), which allows one party to refuse to fulfill their obligations if the other party does not comply. Additionally, the article discusses the concept of imperfect synallagmatic contracts, where obligations might arise for both parties during the contract's execution, even if initially they seemed unilateral. These contracts are now classified under the modern Civil Code and carry distinct rules regarding proof and execution. The practical importance of understanding the classification of contracts, particularly in terms of evidentiary requirements, is also highlighted.

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