NOŢIUNEA DE PREŢ ÎN NOUL COD CIVIL: O PERSPECTIVĂ COMPARATIST-CRITICĂ
Author(s): Horia Ciurtin
THE CONCEPT OF PRICE IN THE NEW ROMANIAN CIVIL CODE: A COMPARATIVE-CRITICAL APPROACH
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: New Civil Code; price; comparative law; sales contract.
Summary/Abstract: The Concept of Price in the new Romanian Civil Code: a Comparative-Critical Approach. The present study focuses on the concept of price in Romania’s New Civil Code, bearing in mind the diverging jurisprudential traditions of European law. In this sense, as it shall be established further, the present Romanian rules concerning the price offer an interesting perspective regarding the possibility of synchronising various theories of contract law – i.e. aristotelic-finalistic and voluntaristic. However, the sometimes faulty manner in which the proposed „reform” of Civil Law was carried out in Romania, also provides the image of a not so rigorous and systematic approach toward the concept of price, leaving this particular element of the contract in an uncertain position which needs further praetorian determinations.
- Issue Year: 57/2012
- Issue No: 4
- Page Range: 110-129
- Page Count: 20
- Language: Romanian