Unele exigente ale solidarismului contractual în cazul nerealizãrii de cãtre o parte contractantã a interesului celeilalte pãrti
Certain requirements of contractual solidarity in case of non-performance by one contracting party of the interest of the other party

Summary/Abstract: The examination carried out for this study starts with the assertion according to which the existence and action of the solidarity relationship between the parties to a contract are obvious, first of all, during the performance of the respective contract and within this period the parties have to observe certain complementary obligations – the cooperation obligation and the coherence obligation –, having as a goal to meet the requirement of the conciliation of the interests that the concerned parties follow under their contractual commitment. Moreover, the author states and puts under discussion the circumstance that this requirement governs the consequences of the breach of the solidarity relationship between the contracting parties due to the non-performance of the contract by one party, having as consequence the non-performance of the contractual interest of the other party. In this assumption, several remedies or contractual prerogatives set forth by law or in the contract are taken into account, which the creditor may refer to and exercise. However, on this occasion, the contractual party, whose contractual interest is not carried out because of the illegal non-payment of benefits due by the other party, is obliged to observe the internal coherence of the contract, as well as the obligation of fair action or of proportionality. The purpose of these obligations is for the holder of each contractual prerogative to adopt behaviors coherent with the goal of this prerogative, without any contraindications, inconsistencies and disproportions as compared to the gravity of the non-performance of the contract by his debtor.

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