Effects of Opposability of the Agreement in the New Romanian Civil Code Cover Image

Effects of Opposability of the Agreement in the New Romanian Civil Code
Effects of Opposability of the Agreement in the New Romanian Civil Code

Author(s): Silviu-Gabriel Barbu, Gabriel Tiţa-Nicolescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: opposability; ayant-cause; successors; third parties; unsecured creditors

Summary/Abstract: The valid contract is fully effective between the parties, respectively the contract is enforceable by the parties, this being the goal and the effect of its signature. At the same time, absolutely exceptionally, the contract is effective against the third parties, respectively against parties who did not sign it. These effects of the contract are stipulated by the law and they are known in the doctrine and in the jurisprudence as being the principle of the enforceability of the contractual effects and respectively, the relativity principle of the contractual effects, but we do not intend to talk about this principle in this paper.

  • Issue Year: 2012
  • Issue No: 2
  • Page Range: 89-94
  • Page Count: 6
  • Language: English