Trecerea de la vechiul Cod Civil la noul Cod: analiza unor dispoziţii tranzitorii în materia obligaţiilor contractuale
The Transition from the Old to the New Civil Code Code: Analysis of Some Transitional Provisions Relating to Contractual Obligations

Summary/Abstract: The succession in time of laws causes specific transitional problems. The Law no. 287/2009 on the Civil Code – the new Romanian Civil code – entered into force as of October 1, 2011, and raises such issues of implementation. The author emphasizes some of these problems related to the matter of civil contracts. The contract is subject to the provisions of law in force at the time when the contract was concluded. Consequently, if any contract was concluded before 1st of October 2011, those will continue to be regulated by the provisions of the Civil Code of 1864. The parallel application of the two codes has the effect of a long transitional period. However, even if the contract was concluded under the ancient Civil Code, the modification of those contracts can only be accomplished according to the new Civil Code.

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