Clauzele contractuale considerate de noul Cod civil ca nescrise reprezintă o sancțiune autonomă?
Do the contract terms that the new Civil Code deems unwritten represent an autonomous sanction?

Summary/Abstract: The new Romanian Civil Code (Law no. 287/2009, republished) contains a new concept, namely the sanction of clauses deemed unwritten, which are incident to all areas covered by the Civil Code. In this study, the author makes a comprehensive analysis of this new concept, concluding that we are faced with an autonomous sanction. Although it has an autonomous nature, with regard to its legal system, the author believes that this autonomous sanction is, by analogy, subject to the rules for invalidity.

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