Discuții în legătură cu posibilitatea anulării contractului de tranzacție încheiat în contextul constrângerii economice
Author(s): Georgeta Bianca Spîrchez
Discussions in relation to the possibility of cancelling the transaction agreement concluded in the context of the economic constraint
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: transaction agreement; conclusion as a result of an economic constraint; cancellation; possibility; legal conditions.
Summary/Abstract: In this paper, the author reaches the conclusion according to which in the Romanian law, in principle, the parties’ inequality, in the mater of the transaction agreement, shall not be sanctioned, just as the cancellation of such injury agreement is not admissible. Despite all these, a transaction agreement concluded as a result of an economic constraint may be cancelled if the existing necessity conditions are met, and the disproportion affecting the contractual performances is unjust, illegal; according to this last aspect, the extent to which one of the parties misuses the economic dependency of the other party for the purpose of getting an undue benefit, shall be relevant.
- Issue Year: 2013
- Issue No: 08
- Page Range: 133-141
- Page Count: 9
- Language: Romanian