Interpretări juridice ale promisiunii prin intermediul teoriei non dreptului
Legal Interpretations of the Promise by Means of the Non law Theory

Summary/Abstract: In the Romanian legal system, the promise can be perceived in a dual form: either as a unilateral legal act, or as a preparatory contract for a future contract. However, by interpreting the existing legal norms, we could not find a framework regulation that covers all possible situations in which the promise could be used to produce legal effects. Through this paper, we will try to analyze some of the situations in which the promise produces legal effects, although the law does not provide for a particularized legal regime, specialized for them. Using, therefore, the theory of non rights, stated and researched by Professor Jean Carbonnier, we will analyze why it is good that certain legal relationships based on promises do not present a particularized regulation: it is desired to offer greater freedom having in mind in view of the spontaneity that characterizes, for example, the promises made between members of a family, in the successional or contractual sphere. In other words, as a result of the spontaneity of certain legal relationships, the applicable rules will be able to be extracted not from the law, but from conduct and non law.

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