Contractul tranzacţional vs. contractul relaţional: riscuri şi beneficii economice
Transactional contract versus relational contract: economic risks and benefits

Summary/Abstract: The approach to contracts from the perspective of the relationship they establish, respectively from the perspective of the added value they create, is based on theories developed in common law systems, but which have also been imported into Romanian law. This study aims to identify which of the relational contract theory and the transactional contract theory is preferable in the Romanian legal system. The analysis takes into account the usefulness of the approach, the taxonomy of economic and legal theories in the substantiation of contracts, the criteria for assessing the incidence of the two categories of theories in Romanian law, as well as the implications of adopting one or the other of the two views. The conclusions adopted aim to strike a balance between the needs of the parties and the need for balance between economic efficiency, protection of interests, and respect for the actual will of the contracting parties.

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