Cancellation and termination of contracts in the new civil code (i)* Cover Image
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Rezolutiunea si rezilierea contractelor
Cancellation and termination of contracts in the new civil code (i)*

Author(s): Ionuţ Florin Popa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: the new Civil Code; cancellation; termination; contract

Summary/Abstract: The study intends to make a presentation of the innovations brought into the Romanian private law, in the matter of cancellation, by the regulation contained in the new Civil Code. The innovations represent a substantial reform of the cancellation institution, both as regards the form – by regulating the extrajudicial unilateral cancellation, and the content – by regulating the essential condition of the decisive non-performance for invoking the cancellation. The innovation is supposed to generate a change in the attitude of the legal environment in our country as well. A better understanding of the new image that the code gives to cancellation involves a review of the right of cancellation in the current Civil Code, as well as o foray into comparative law, where the formula adopted by the new Civil Code has been present for a long time. Further on, the study includes a systematic analysis of the cancellation institution, with a special interest in the general conception about cancellation, its types, the conditions for invocation, their effects and its dissociation from other institutions. As regards termination, it is considered a special cancellation, with non-retroactive effects. Finally, a last, short section is designed for the conclusions drawn by the author from the presentation.

  • Issue Year: 2010
  • Issue No: 05
  • Page Range: 105-136
  • Page Count: 32
  • Language: Romanian