THE CONCEPT OF CONTRACTUAL PERMANENCE IN FRENCH AND ROMANIAN LAW. TECHNICAL AND ETHICAL INSTRUMENTS
THE CONCEPT OF CONTRACTUAL PERMANENCE IN FRENCH AND ROMANIAN LAW. TECHNICAL AND ETHICAL INSTRUMENTS

Summary/Abstract: The concept of contractual permanence (la pérennité contractuelle) was developed by Anne-Sophie Lavefve Laborderie in the field of contract law in the French legal system, as a tool that uses both the resources of positive contract law and the aspirations of the general contract theory to answer a double requirement: to maintain the contract in a sustainable and effective way in its economic environment and to maintain the quality of the interpersonal link between the parties of the contract, based on a mutual trust that must exist not only before or at the time of conclusion of the contract, but throughout the contract as well. Starting from the definition of the concept of contractual permanence, the author proposes a vision that goes beyond the scope of special contracts, drilling in the area of general contract theory for legal means to meet the two requirements for any contract, identifying technical and ethical tools for this purpose. From the anchors elaborated in French law, I will verify the extent to which the conceptual framework elaborated by Anne-Sophie Lavefve Laborderie finds its utility in Romanian law, both as a theoretical construct and through various applications of the principle in the general contract theory.

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