MODIFICATION OF CLAUSES ON THE BASIS OF THE CONTRACTUAL CONDUCT OF THE PARTIES. APPLICATION OF ESTOPPEL DOCTRINE
MODIFICATION OF CLAUSES ON THE BASIS OF THE CONTRACTUAL CONDUCT OF THE PARTIES. APPLICATION OF ESTOPPEL DOCTRINE

Summary/Abstract: Within the context of identifying a modern trend for increasing the flexibility of contract law, trend which is also internalized by the Romanian legal system through the adoption of the Civil Code from 2009, we intend to analyse the implications as regards the modification of contracts. Specifically, we intend to answer to the following question: May a clause which requires modification in a certain form only (conventional formalism) be annihilated by the parties’ conduct throughout the performance of the contract (namely, a conduct whereby they ignore such clause)? In order to answer to this question, we consider that it is useful to present the mechanism pursuant to which foreign legal systems or the great European projects for the unification of contract law settled this issue, following that, at the end, we analyse the viability of importing such mechanisms into the Romanian contract law and the legal ground pursuant to which these mechanisms may operate in the context of the new Romanian Civil Code.

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