GENERAL CONSIDERATIONS
CONCERNING THE NOTION, THE ROLE AND DEVELOPMENT OF THE CONTRACT AND
THE LIMITS OF FREEDOM TO CONTRACT
GENERAL CONSIDERATIONS
CONCERNING THE NOTION, THE ROLE AND DEVELOPMENT OF THE CONTRACT AND
THE LIMITS OF FREEDOM TO CONTRACT
Author(s): Andreea Gabriela(Cadar) RăducanuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: contract; convention; freedom to contract; public order; good morals;
Summary/Abstract: Although the current Civil Code explicitly governs adhesion contracts, framework contracts and consumer contracts, and court practice permits forced or compulsory contracts, we consider that the birth, modification or termination of contractual relationships is and must take place freely.Currently, we consider that the intervention of the legislator in certain contracts is necessary in order to maintain the balance between the services of the contracting parties or to avoid certain negative consequences which would have a particularly serious impact on the entire population, but this intervention must be done in such a way as to respect the freedom manifestation of will.
Journal: Analele Universității Titu Maiorescu
- Issue Year: XVII/2018
- Issue No: XVII
- Page Range: 176-183
- Page Count: 7
- Language: English