THE ARCHITECTURE OF THE COMMON LAW OF CONTRACTS AND ITS PRINCIPLES OF ORGANIZATION, INNOVATIONS OF THE LEGISLATOR IN THE CIVIL CODE OF 2009
THE ARCHITECTURE OF THE COMMON LAW OF CONTRACTS AND ITS PRINCIPLES OF ORGANIZATION, INNOVATIONS OF THE LEGISLATOR IN THE CIVIL CODE OF 2009

Summary/Abstract: The Civil Code of 2009 organizes in distinct bodies the law of the contract and that of the general regime of obligations, this being an innovation of this legislator. For each of the two bodies of rules, however, their existing architecture is preserved in the old Civil Code, which, however, regulated them much more elaborate and better structured. However, the separate organization is misleading because apparently the general regime of obligations would mean that it applies to all obligations regardless of the source, although in reality some of the rules shown apply only to obligations arising from contracts, such as: termination and termination, execution by equivalent, and so on Because all the general regime of obligations is also applicable to contracts, the two bodies of rules form a unit that we call the common law of contracts. Another novelty of the Civil Code of 2009 in the field of contract law is the regulation of the general principles of contracts.

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