CONDITIONS FOR CIVIL LIABILITY UNDER TORT LAW IN THE EVENT OF THE UNILATERAL TERMINATION OF THE ENGEGEMENT Cover Image

CONDITIONS FOR CIVIL LIABILITY UNDER TORT LAW IN THE EVENT OF THE UNILATERAL TERMINATION OF THE ENGEGEMENT
CONDITIONS FOR CIVIL LIABILITY UNDER TORT LAW IN THE EVENT OF THE UNILATERAL TERMINATION OF THE ENGEGEMENT

Author(s): Nora Daghie
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: engagement; unilateral termination; abuse of rights; indemnities; burden of proof

Summary/Abstract: Still questionable in terms of its legal nature (a legal act or a legal deed) and in the absence of relevant case-law on this matter, the engagement is seen nowadays as a social, moral and cultural relationship, with possible material legal consequences in the event of its unilateral termination.The exercise of the right to unilateral termination of the engagement for the purpose of causing excessive or unreasonable harm or damage, contrary to good faith, may result in civil liability under tort law, pursuant to the conditions provided for in Article 1357 of the Civil Code.In terms of liability, the particular circumstances under which the unilateral termination of the engagement has occurred represent the key element.

  • Issue Year: 12/2019
  • Issue No: 1
  • Page Range: 184-193
  • Page Count: 10
  • Language: English