CUM IA NAŞTERE O OBLIGAŢIE CIVILĂ? O PREZENTARE SUCCINTĂ, DAR DE ESENŢĂ, ASUPRA IZVOARELOR DREPTULUI OBLIGAŢIONAL ROMÂN ACTUAL
THE RISE OF CIVIL OBLIGATIONS A BRIEF BUT ESSENTIAL OVERVIEW OF THE SOURCES OF THE CURRENT ROMANIAN OBLIGATION LAW

Summary/Abstract: Whenever we speak about the sources of obligations, we refer to the circumstance that gives rise to an obligation of performance in case of an entity; in other words, we try to find the answer for the question: when, why and under what circumstances does an obligation of an entity arise? We should state from the outset that, as far as this matter is concerned, there have been numerous discussions related both to factual or judicial situations able to create an obligation relation and to the distinction among such situations, their classification as legal transactions or matters of law. We hereby intend to highlight the essence of the matter under discussion in order to be able to conclude whether, in fact, the sources of obligations are different according to the new Civil Code; such an endeavour is necessary mainly in relation to the new approach of the Romanian private law, as well as in order to clarify the old controversies regarding this matter. Inherently, we will briefly describe the defining characteristics of obligations, namely the legal definition of such concepts as well as the relevant classifications of obligations.

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