CLASSIFICATION OF CONTRACTS UNDER THE NEW CIVIL CODE Cover Image

CLASIFICAREA CONTRACTELOR ÎN ACCEPŢIUNEA NOULUI COD CIVIL
CLASSIFICATION OF CONTRACTS UNDER THE NEW CIVIL CODE

Author(s): Gabriel Tita-Nicolescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: contract; classification of contracts; synallagmatic contract; unilateral contract; non-gratuitous contract; gratuitous contract; commutative contract; aleatory contract; consensual contract;

Summary/Abstract: The importance of contract classification resides in the need of understanding them as part of contract law. Depending on their legal nature, their belonging to one category or another, we can easily identify and determine the rules applying thereto and we can accurately render the rules from the theory of contract obligations. Therefore, the different names of contract categories are not only terminologically relevant, that is some contracts have a certain nature (they belong to a given category) and other contracts have another nature (they belong to a different category); on the contrary, a certain contract category automatically defines a set of rules applying to all contracts in such category. For example, once it has been determined that a contract belongs to the category of synallagmatic contracts (irrespective whether such contract is a sale, lease or contractor agreement), such contract shall be governed by the essential rules the law provides for such category, such as the rules concerning the contract faulty termination (rescission or termination) or the possibility of claiming the exception of contract non-performance. On these grounds, we will describe below the de lege lata classifications of contracts, obviously from the perspective of the definitions provided by the new Romanian Civil Code and in comparison with the former civil code and with the other sources of inspiration of our civil code.

  • Issue Year: 2018
  • Issue No: 04
  • Page Range: 7-20
  • Page Count: 14
  • Language: Romanian