CONSECINȚELE RECALIFICĂRII CONTRACTULUI ASUPRA CLAUZEI DE DEZICERE
THE CONSEQUENCES OF CONTRACT RECLASSIFICATION ON THE WITHDRAWAL CLAUSE

Summary/Abstract: Although the principle of the binding force of contracts guarantees the stability of legal relationships, it is not absolute, being limited by the need to safeguard contractual freedom and the balance between the parties. Within this framework, unilateral termination emerges as a legal mechanism allowing the ex nunc cessation of a legal relationship through a simple expression of will. The analysis reveals functional similarities between unilateral termination under civil law and the termination of an employment contract during the probationary period, both having the legal nature of a genuine withdrawal clause. Therefore, the study highlights that the probationary period represents a particular form, adapted to labour law, of the right of unilateral withdrawal, illustrating the interaction between civil law and labour law and the need to maintain a balance between contractual freedom and employee protection.

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