Declarație unilaterală de rezoluțiune versus pact comisoriu
Unilateral statement of resolution versus Commission Pact
Author(s): Nicoleta-Raina GeamalingaSubject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: out-of-court annulment; unilateral declaration of resolution; commission agreement; advantages vs. disadvantages; comparative law; land book; contracts of indefinite duration; notice period;
Summary/Abstract: Termination of a contract certainly raises a multitude of questions for the party wishing to invoke the resolution or termination of the contract. This study intends to present the main out-of-court alternatives available to the parties to a convention, namely the unilateral declaration of resolution and the Commission Pact, highlighting the advantages and disadvantages of each institution under review, as well as the guidelines of the main legal systems and opinions expressed in the practice that appeared with the entry into force of the new Civil Code. By analyzing all the aspects mentioned above, we tried to facilitate the choice of the party that wants to terminate a contract. We also presented some proposals that could improve the usefulness of these institutions, especially the unilateral declaration of resolution, proposals aimed at the correlation between this declaration and the land book, as well as the various cases that may arise in notarial practice.
Journal: Revista „Dreptul”
- Issue Year: 2022
- Issue No: 01
- Page Range: 50-63
- Page Count: 14
- Language: Romanian
- Content File-PDF