THE OPTION AGREEMENT IN THE NEW ROMANIAN CIVIL CODE
THE OPTION AGREEMENT IN THE NEW ROMANIAN CIVIL CODE

Summary/Abstract: The Romanian Civil Code of 2009 introduces a new legal construct in the Romanian legal system, i.e. the option agreement, mainly taken from French law. This paper aims at highlighting the differences between the option agreement and other legal constructs which constitute acts preceding the conclusion of a contract and have already been discussed in the Romanian literature. Thus, we intend to offer a comparative view with reference to the offer to contract, as well as the unilateral and bilateral promises, highlighting the similarities and, especially, the differences between such constructs. Finally, we wish to draw attention to some confusions to be avoided with the introduction of the option agreement in the New Romanian Civil Code, as well as to some omissions or regrettable errors that the legislator of 2009 has failed to notice in the text of the code.

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