Unilateral commitment Cover Image

Unilateral commitment

Author(s): Adina Buciuman
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: unilateral act; unilateral will; legal will; pacta sunt servanda principle; legal consensualism; source of duties; the act – a legal deed of changing a natural obligation into a civil obligation; rule

Summary/Abstract: In this study, the author exposes an analysis of the creative potential of legal duties resulting from the conclusion of the unilateral commitment. The structure and the content of the study reveal certain issues regarding the unilateral commitment, its role in creating duties, the premises of the objective law, jus naturalism of the 17th century, the positive rule of law, the valences of unilateral will, the content of the principle pacta sunt servanda, the security of civil circuit, the role of unilateral commitment in creating civil legal duties, the unilateral commitment and objective law, the impact of positive law on the commitment, the unilateral act, the mechanism of changing the natural obligation into the civil obligation, the classical sentence of novation, the sentence of confirmatory act, the unilateral commitment – an instrument for positivising a natural obligation. Finally, the author exposes the conclusions regarding the demonstration of unilateral inability to generate civil duties, the main sentence of this study, which at the same time, does not involve the absolute denial of the institution of unilateral commitment.

  • Issue Year: 2016
  • Issue No: 05
  • Page Range: 028-084
  • Page Count: 57
  • Language: Romanian