Impactul noilor abordări legislative privind instituţia juridică a promisiunilor de contract asupra soluţiilor din practica judiciară
The impact of the new legal provisions regarding legal institution of commitments to enter into contract towards practice legal solutions

Summary/Abstract: Preliminary contracts belong to legal institutions which, in the Romanian legal system, have not been, until the publication of the Romanian New Civil Code, legally regulated by a particular law: the Old Civil Code or the Commercial Code did not comprise stipulations which specifically regulate their legal nature and the effects that these produce. The existent legal provisions did not focus on the pre-contractual phase, but especially on the contract that this phase prepares, although, during this pre-contractual phase the partners „commit themselves” and pre-contractual obligations are born. The lack of legal texts determined however the authors that analyzed and theorized these legal institutions to disagree over the legal nature of these institutions. The New Civil Code answers to some practical needs and in the Book V, Title II – Sources of Obligations, Chapter I, concerning the contract, it regulates the pact of option (article 1.278 New Civil Code) and the commitment to contract (article 1.279 New Civil Code). Also, in Title IX – Various special contracts, in Chapter I – Contract of sale, it regulates the pact of option concerning the contract of sale (article 1668 New Civil Code) and the commitment of sale and the commitment to buy (article 1669 New Civil Code).Therefore, the regulations provided by the Romanian New Civil Code with regard to the pact of option and the commitment to contract are necessary, taking into consideration the fact that they are used more and more often in practice. New regulations clarifying the confusions between the two legal operations and new rules regulating the deeds that are concluded during the pre-contractual phase had to be adopted. The new legal regulations clearly establish that: there is no similarity between the two notions, aspect confirmed by the firm option of the legislator to use different terminology: „pact of option” and „commitment to contract”, as well as the fact that the two legal operations are distinctly regulated.

• Details
• Contents