The valid conclusion of the compromise/transaction contract. Special rules Cover Image

The valid conclusion of the compromise/transaction contract. Special rules
The valid conclusion of the compromise/transaction contract. Special rules

Author(s): Georgeta-Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: compromise (contract); validity conditions; settlement over a void or cancelable document; settlement based on false documents

Summary/Abstract: In this paper we aimed to examine the legal mechanisms that ensure the protection of the parties within this form of private justice-that of compromise conclusion. For a systematic approach of this subject, we reported, first of all, to the general rules governing, in terms of validity, the conclusion of conventions, but mostly we leaned on the particular aspects relating to this specific contract. In order to respond to the main objectives, we reviewed the legal requirements in force and the way the case law interpreted them and also the relevant arguments brought by the doctrine. The research methodology took into account elements of comparative law; we followed, in this respect, the French regulatory model and the Anglo-Saxon common law which is favorable to the conclusion of this type of contract.

  • Issue Year: 2/2012
  • Issue No: 04
  • Page Range: 166-180
  • Page Count: 15
  • Language: English