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The valid conclusion of the compromise/transaction contract. Special rules

Author

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  • Georgeta-Bianca Spîrchez

    (Faculty of Law and Administrative Sciences, University of Craiova)

Abstract

In this paper we aimed to examine the legal mechanisms that ensure the protection of the parties within this form of private justice-that of compromise conclusion. For a systematic approach of this subject, we reported, first of all, to the general rules governing, in terms of validity, the conclusion of conventions, but mostly we leaned on the particular aspects relating to this specific contract. In order to respond to the main objectives, we reviewed the legal requirements in force and the way the case law interpreted them and also the relevant arguments brought by the doctrine. The research methodology took into account elements of comparative law; we followed, in this respect, the French regulatory model and the Anglo-Saxon common law which is favorable to the conclusion of this type of contract.

Suggested Citation

  • Georgeta-Bianca Spîrchez, 2012. "The valid conclusion of the compromise/transaction contract. Special rules," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 2(2), pages 166-180, December.
    • Handle: RePEc:asr:journl:v:2:y:2012:i:2:p:166-180
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    More about this item

    Keywords

    compromise (contract); validity conditions; settlement over a void or cancelable document; settlement based on false documents;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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