Remediile abuzului de drept contractual
Remedies of the abuse of contractual rights
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: abuse of rights; contractual rights and powers; remedies; contractual good faith; equity; abuse of institutional law; abuse by the invocation of the peremptory norm; abuse by the invocation of the peremptory form; pricing; termination of contractual...
Summary/Abstract: This study concerning the sphere of abuse of rights or contractual powers is based on the conceptual premise that the concepts of good faith and its counterpart – the abuse of rights, are „open standards”, i.e. general concepts based on praetorian virtues that allow the lawyer (practitioner or doctrinaire) to apply the law in situations where there are no express provisions. The above premise is illustrated below by the practical situations of abuse of law in terms of conventional resolution, unexpected interruption of contractual relations, refusal to extend contractual relations, abuse in unilateral pricing, abuse in real estate, abuse of legal personality and abuse in invoking the lack of the peremptory form (without exhausting the topics addressed by this list). Finally, the last part of the analysis focuses on the question of the remedies applicable to the situations of abuse of contractual rights, ranging from the postponement/suspension of the right invoked abusively to compensation or even to the decision to terminate the agreement or to the denial of the protection conferred by the peremptory norm abusively invoked. The study is based both on the local experience in this field and on a long current practice in terms of comparative law.
- Issue Year: 2014
- Issue No: 06
- Page Range: 174-198
- Page Count: 25
- Language: Romanian