Concursul de norme aplicabile în materie contractuală în contextul Codului civil. Aplicarea principiului specialia generalibus derogant
The conflict of legal norms in contractual matters in the context of the Civil Code. Application of the specialia generalibus derogant principle

Summary/Abstract: In the present study we sought to determine the methodology that allows one to solve the conflict of legal norms applicable in the contractual field, norms that have the same legal force and that apply from a temporal and spatial point of view to the facts at hand. For this, after defining the notions needed for the analysis, we have proposed a method to identify the applicable norm to a specific set of facts. As such, we appreciate that the set of facts should be determined and framed in the hypothesis of a norm. During such an endeavor, it is possible that the set of facts is framed in the hypothesis of more than one norm, element that implies that one has to solve the conflict between such norms. In our study we chose to analyze the (probably) most important instrument that allows one to determine the fate of such a conflict, i.e. the specialia generalibus derogant principle. As such, we have determined when one is in the presence of a general-special relation between two norms and what are the consequences of such a relation. To facilitate the application of the identified methodology we have proposed in our study a double syllogism that allows one to determine the applicable norm.

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