Resolution, termination and reduction of benefits under the new provisions of the Civil Code Cover Image

Rezoluţiunea, rezilierea şi reducerea prestaţiilor în viziunea noilor prevederi ale Codului Civil
Resolution, termination and reduction of benefits under the new provisions of the Civil Code

Author(s): Florina Popa, Lucian Pop
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Romanian Civil Code; autonomy of will; contractual solidarity; annulment; termination of the contract

Summary/Abstract: If the annulment or termination have as main effect the cancellation of the contractual status quo by breaking the link of contractual solidarity, reducing the performance in terms of annulment is a survival mechanism of contractual balance for contractual essence recovery, namely in the purpose of the convention. The study highlights the changes required by the entry into force of the new Romanian Civil Code, from the perspective of contractual solidarity, which entails the obligation of fidelity not so much towards the counterparty, but especially to the letter and spirit of the convention, in regard to the (economic) interest which dictated its conclusion.

  • Issue Year: 2011
  • Issue No: 1
  • Page Range: 127-134
  • Page Count: 8
  • Language: Romanian
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