IV. MECANISME DE UNIFICARE A PRACTICII JUDICIARE Repere judiciare în materie contractuală: analiza economică a contractului
IV. MECANISMS FOR UNIFICATION OF THE COURT PRACTICE Judicial landmarks in contractual matters: economic analysis of the contract

Summary/Abstract: This paper includes a selection of judgments handed down by the High Court of Cassation and Justice through the mechanisms of unification of judicial practice relevant to the balancing of contracts. Since a significant number of legal issues have the potential to create inconsistent judicial practice, the present material will include a review of the most relevant minutes of the professional meetings of the representatives of the National Institute of Magistracy with the Presidents of the High Courts of Cassation and Justice and of the Courts of Appeal, as well as those of the professional meetings organized at the level of the Courts of Appeal in the country. Finally, the material includes a short collection of echoing judgments handed down by the High Court of Cassation and Justice in case decisions. All these outcomes of High Court deliberations or professional meetings seek, mediately or immediately, to find the balance of the contract, beyond the ubiquitous concept of binding force, so as to satisfy the concrete economic needs of the parties.

• Details
• Contents