Denunţarea unilaterală a contractelor cu executare succesivă. Specificul procedurii insolvenţei
Unilateral termination of contracts involving successive performances/successive contracts. The specificity of insolvency proceedings

Summary/Abstract: Reasonable period of notice to be given in case of unilateral termination of continuing contracts, in order for this institution to produce its specific effect – the cessation of the contract –, is a standstill period affecting the unilateral act of termination, not an extinctive term by reference to the successive contract which is terminated. Even if the contract terminates after the expiration of the period of notice, the termination of the contract occurs only as an indirect consequence, as a result of the effectiveness of the unilateral act of termination which is directly affected by the standstill period. For these reasons, the contract is considered unilaterally terminated upon communication of the notice of termination, but it will cease to be effective at the time of the expiration of the standstill period. Given these considerations, subject to the fact that during the insolvency proceedings, the notice of unilateral termination which fails to comply with Art. 123 of the Insolvency Law will not be effective, even if the right of unilateral termination is contractually provided. However, the unilateral termination notice communicated before the opening of the insolvency proceedings affected by the standstill period which expires after the opening of the insolvency proceedings will result in the end of the contract.

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