IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v6y2016i1p140-149.html
   My bibliography  Save this article

Enforceable contracts and the consequences of termination on them in Romania

Author

Listed:
  • Tomescu Raluca Antoanetta

    (Doctoral School of Law, Nicolae Titulescu University, Bucharest)

Abstract

The article is dedicated to the overall presentation of contracts to which the law recognizes the power of enforcement, in a brief retrospect carried out through the Roman law and their evolution to the present day as they are found in the Civil Code or special laws that govern them. The contract is in effect, the conventional framework by which parties incur obligations and acquire rights in relation to each other, representing the materialization of the agreement of the parties and is only deemed validly concluded if the parties have expressed their consent freely and without undue influence. Contract partners are free to insert any clauses they want in the Covent signed, provided that they do not contravene to public order or morality. But the aim is to highlight both the power of the contract, and even more the importance of expressing the individual’s will on its fate. The importance of this legal act never contested, made the legislator invest it with the force of law between the contracting parties. So in cases expressly stipulated by the rules of law, this legal act has been given the benefit of enforcement, however without prejudicing in any way the principle of autonomy of will and without creating a contractual imbalance, privileges or discriminations.

Suggested Citation

  • Tomescu Raluca Antoanetta, 2016. "Enforceable contracts and the consequences of termination on them in Romania," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 6(1), pages 185-196, June.
  • Handle: RePEc:asr:journl:v:6:y:2016:i:1:p:140-149
    as

    Download full text from publisher

    File URL: http://tribunajuridica.eu/arhiva/An6v1/14%20Tomescu.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    contract; enforcement; termination; forced execution.;
    All these keywords.

    JEL classification:

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

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:6:y:2016:i:1:p:140-149. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.