Some remarks on the legal status 
of the clauses considered unwritten by law Cover Image

Câteva observații cu privire la regimul juridic al clauzelor considerate de lege nescrise
Some remarks on the legal status of the clauses considered unwritten by law

Author(s): Florina Popa
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: clauses deemed unwritten; autonomous sanction; effects;

Summary/Abstract: Clauses deemed unwritten is a sui generis contractual sanction, other than nullity, to provide, in principle, saving contract, which deprives the contractual stipulations effects contrary to mandatory rules and morality, replacing them with applicable legal law. Even if the penalty clauses deemed unwritten legal regime is similar to the partial nullity of the contract rules, its operating mechanism is more flexible, and could take effect without court intervention

  • Issue Year: 2018
  • Issue No: 2
  • Page Range: 122-133
  • Page Count: 14
  • Language: Romanian