Kötelesek teljesíteni kötelezettségeiket
“Obliged to Fulfill Their Obligations”

On the New Romanian Civil Code

Summary/Abstract: The first day of October 2011 marks the entering into force of the new Romanian Civil Code. Why did Romania need a new codex of private law? A complex of causes led to the adoption of the new codex, such as a real need for modernization (the former codex dated form 1864), as well as the voluntarily assumed obligation towards the European Union in the context of judicial reform. These are all facts that to some extent contributed to the adoption of the new Civil Code. The main subject of this article is the binding effect of the contract. The rights and obligations created trough the contract must be respected and performed accurately. The binding character of the contract is mandatory for the judges as well, the judge cannot amend the contract; eventually, through interpretation, he establishes the precise content of the not so clear clauses. However, the new Civil Code introduced a new regulation regarding the judicial amendment of contracts in case of frustration of contract (commercial impracticability). These new rules expressly create – if the conditionality, inspired by the text of the Draft Common Frame of Reference (DCFR), is met – the possibility for the judges to suspend, modify or cease the contract, and this is an exception from the binding effect of the contract, respectively a strong intervention into the private autonomy of persons.

• Details
• Contents