The regime of “disputed revocation” in light of the new Civil Code Cover Image
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Regimul „retractului litigios” în lumina noului Cod civil
The regime of “disputed revocation” in light of the new Civil Code

Author(s): Emilian Lipcanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: disputed revocation; current legal regime.

Summary/Abstract: The author, comparatively examining the provisions set forth under Articles 1402-1404 of the former Civil Code (1864), Article 45 of the former Commercial Code (from 1887), both currently repealed, with those set forth under Article 124 of Law No. 71/2011 relating to the implementation of the new Civil Code, concludes that, despite an explicit intervention, under the rule of the new Civil Code (Law No. 287/2009) disputed revocation is forbidden at present for all contentious rights, irrespective of their nature. Currently, disputed revocation is allowed only for assignment of rights concluded prior to October 1st, 2011 (when the new Civil Code was enacted).

  • Issue Year: 2013
  • Issue No: 09
  • Page Range: 13-20
  • Page Count: 8
  • Language: Romanian