Câteva aspecte privind exercitarea abuzivă a dreptului de denunţare unilaterală a contractului
Some aspects of the improper exercise of the right of unilateral termination of the contract

Summary/Abstract: The right to unilateral termination is the power to order the termination or cancellation of the contract in the absence of a fault of the other party and represents the most familiar and symbolic manifestation of the expansion of unilateralism in the contractual field, being included in the category of potestative extinctive rights. However, the use of the right of unilateral termination implies reference to the provisions of Article 15 of the Civil Code, according to which no right may be used in order to injure or harm another party or in an excessive and unreasonable manner that is contrary to good faith. From this perspective, it is necessary to determine both the compatibility between the discretionary nature of the unilateral termination right and the a posteriori control of the manner in which it is used, and the sanction applicable as well in the event of its improper use.

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