O prezentare istorică a clauzelor considerate nescrise
An historical overview of the clauses considered to be unwritten

Summary/Abstract: This study follows the emergence and evolution of the legal concept of the clauses deemed unwritten, from their regulation in Roman law to the New Romanian Civil Code, which provides them in most of the matters contained therein. Although the clauses deemed unwritten were not provided in the previous Romanian Civil Code, a historical analysis reveals that the older civil laws applicable on the Romanian territory were not alien to this concept. Despite not an entirely new concept, it has caused much discussion in doctrine on the nature of its legal regime. Also, the French Civil Code, which served as a model of the previous Romanian Civil Code, provided the clauses deemed unwritten since its entry into force in 1804.

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