Câteva considerații asupra dispozițiilor art. 1534 din noul Cod civil, aplicație particulară a principiului bunei-credințe
Author(s): Nora Daghie
Some considerations on the provisions of Article 1534 of the new Civil Code, a particular application of the principle of good faith
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: non-performance of contract; good faith; prejudice; passivity; liability sharing.
Summary/Abstract: The European projects of codification of the law of obligations evoke the principle of good faith throughout the evolution of the contract, as evoked in the Civil Code of 2009. Good faith and bad faith in contracts have a role worthy of attention and of great value in our civil law, by the entry into force of the new Civil Code on 1 October 2011. The modern vision extends the duty to act in good faith and to avoid any conduct in bad faith on the creditor as well. For the phase of performance of the contract, the obligation to minimize the own prejudice as a result of a non-performance of obligations is regarded as a function of the good faith. By establishing for the first time in the Romanian private law a genuine obligation as duty of the contractual creditor to no longer show passivity in order to moderate the future prejudice, the new Civil Code fully answers the imperatives of the functioning of a modern justice, encouraging more and more the execution oriented towards the economic finality of the contract, and not just the legality of the contract and its compliance with the commitment assumed.
- Issue Year: 2016
- Issue No: 11
- Page Range: 33-41
- Page Count: 9
- Language: Romanian