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The Opposability of the Effects of the Contract on Third Parties

Author

Listed:
  • Sorin Calafus

    (Constanța Bar Association)

Abstract

The principle of relativity of the contract’s effects means that a contract can generate rights and obligations only in favor of, or regarding the obligation of the contracting parties, as well as of persons who became parties after closing the contract or assimilated to the parties. On the other hand, the contract and the legal situations it gives rise to are social realities that must be respected by third parties, as the contract is not an isolated element, but it is integrated into the legal order, bringing about changes to social life. Thus, a contract is opposable to everyone, including third parties, who have the general obligation to abide by the legal situation generated by the contract, even if for them, this reality is presented as a legal fact. The purpose of this paper is to examine the way in which third parties must observe the effects of a contract according to the opposability principle regarding the effects of the contract.

Suggested Citation

  • Sorin Calafus, 2019. "The Opposability of the Effects of the Contract on Third Parties," Ovidius University Annals, Economic Sciences Series, Ovidius University of Constantza, Faculty of Economic Sciences, vol. 0(1), pages 148-151, August.
    • Handle: RePEc:ovi:oviste:v:xix:y:2019:i:1:p:148-151
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    More about this item

    Keywords

    contract; parties; third parties; opposability; obligation;
    All these keywords.

    JEL classification:

    • K - Law and Economics

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