SOLIDARISMUL, NOUL FUNDAMENT AL CONTRACTULUI?
SOLIDARISM, THE NEW FOUNDATION OF THE CONTRACT?

Summary/Abstract: The decline in the autonomy of will in contracts, largely determined by consumer protection, has generated an intense doctrinal debate aimed at identifying a different type of foundation of the contract. The contractual solidarity has been the most frequently invoked, as theorised in law by Rene Demogue, according to whom the contract is a union of common interests of the parties, a legal space for their collaboration. The present study aims at demonstrating that contractual solidarity, though seductive, focuses merely on how the contract should be, and not on how it is in reality.

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