Rezolutiunea si rezilierea în noul cod civil (II)
Rescission and termination under the new civil code (II)

Summary/Abstract: The first part of the study hereby (published in issue no. 5 / 2010 of this review, pages 105-136), covered a flashback on rescission under the current Civil Code system, a chart of comparative law in the matter, as well as an introduction to rescission settlement in the New Civil Code and its ranking within the hierarchy of remedies for non-performance of the contract. The second part hereby (brought forward in the lines of this review’s issue), covers an overview of the technical system stressed by the new Civil Code, starting with an introduction to types of rescission apprehended by the new regulation (with an emphasis on unilateral rescission and its innovative contents for the Romanian law) and continuing by advancing formal and material conditions of claim or declaration of rescission and ending with a description of effects characteristic to rescission. The presentation below enjoys a technical and legal spirit and a less descriptive one than the first part of the study. It deals with a “first reading” of texts, and therefore does not necessarily stand for a guarantee of the correct interpretation of new legal texts, but the study itself is an invitation for comments.

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