Evoluții și mutații paradigmatice în hermeneutica obligațiilor civile de la Marea Unire până astăzi
Paradigmatic evolutions and mutations in the hermeneutics of civil obligations from the Great Union until today

Summary/Abstract: The study is dedicated to celebrating the centenary of the achievement of the national unity of the Romanian people and it is devoted to some of the legislative, doctrinal and jurisprudential evolutions and mutations occurred, during this period, within the institution of civil obligations. The author shows that the evolutions in question have their etiology and explanation in the social needs, determined by the specificity of the historical stages and of the political regimes which the Romanian society has gone through. His approach is placed in the general context of the most relevant changes that have occurred, over the years, in the texts of the Civil Code and of the related legislation. This explains why the study starts with an introductory paragraph, in which it is presented the general state of the old Civil Code and there are set forth its main changes, occurred after 1918. Further on, the analysis has as subject the contents of the evolutions and novelties, considered essential, which could be separated into three of the basic components of the general theory of obligations: a) the definition, structure and modern classifications of obligations; b) the common law of contracts (the pre-contractual negotiations and the conclusion of the contract, the binding force of the contract and the unpredictability, the relativity of the obligational effects of the contract and the stipulation for another, the remedies of the non-performance of contracts); c) tort or non-contractual civil liability (structure, liability assumptions and its ethical and philosophical foundations). The author insists on how these evolutions and mutations are objectified in the hermeneutics of the texts of the new Civil Code. The study concludes with a few brief considerations regarding the discussions that have existed and continue to exist regarding the legal status of civil obligations and commercial obligations, as well as the process of merger between them. It is shared the opinion according to which, by the norms of the new Civil Code, it has been achieved the legislative unification and uniformization of the law of obligations, thus suppressing the distinction which was considered in the past to exist between the civil obligations and the commercial obligations. As a consequence, since the entry into force of the new Civil Code, there is only one law of obligations, unitary and general, which is the law of civil obligations.

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