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Violența economică – o realitate contractuală
Economic violence – a contractual reality

Author(s): Adina Lorena Codeia
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: Violence; contract; constraint; commercial relations; abuse of economic power

Summary/Abstract: Socio-economic changes are increasingly highlighting the easing of contractual freedom of the beds, particularly when the parties are in a position of economic inequality (subordination), which emphasizes the need to guarantee contractual freedom and security, which is also manifested in relation to all contracting parties, through the creation of a fair and functional legislative framework.Thus, although french law regulates the institution of economic violence as a vice of consent, through the provisions of article 1143 of Ordinance No. 2016-131 of 10 February 2016, in national law we do not find any express provisions in this matter, intended to contribute to ensuring the balance and to the possibility of realizing the interests of economic operators in a market economy.As we appreciate necessary and useful the existence of legal rules on economic violence, which would involve the responsibility of subjects and penalize such conduct, this study aims to define violence in all its aspects and to highlight the structure and limits of economic violence as an institution governed by private law.

  • Issue Year: XIX/2020
  • Issue No: 12
  • Page Range: 692-695
  • Page Count: 4
  • Language: Romanian