The obligation to inform – an obligation of the professional carrier
The obligation to inform – an obligation of the professional carrier

Summary/Abstract: The modernization of the rules that govern the contract as a legal institution led to the nuance of the principles that govern this matter, imposing ideas such as: sustainable execution of the contract, contractual security, contractual solidarity, contractual effectiveness, but also numerous ethical instruments, such as good morals, good- faith, abuse of right. The obligation to inform is considered by the doctrine to be such an ethical instrument whose role is to prevent a failure in terms of the principle of maintaining the durability and effectiveness of the contract and building a contractual bond based on the active and loyal presence of the contractors. The obligation to inform has its source in one of the fundamental principles of civil law, the principle of good faith. This principle is the basis of many contractual and pre-contractual obligations, and the content of this notion is defined by jurisprudence. The Civil Code enshrines this principle in the various aspects it regulates. The fulfillment of the obligation to inform has an important impact on the one hand in the construction of the contract, on the other hand in its execution, an impact considered by the doctrine to be a systemic one and which brings a series of advantages for the contract. This principle is regulated in the Civil Code and in pre-contractual matters and it represents the legal basis that leads to a pre-contractual obligation - the pre-contractual information obligation. This obligation is all the more necessary if a professional is involved who, in the exercise of his activity, is obliged, depending on the activity he carries out, to fulfill it.

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