Condiţiile esenţiale pentru validitatea actului juridic civil în tradiţia şi perspectiva sistemelor de drept europene
Essential conditions for the validity of the civil legal act in the tradition and perspective of European law systems

Summary/Abstract: Europe is dominated by two different legal systems: the continental legal system and the common-law legal system. The continental legal system inspired by roman codifications has as main characteristic the reunion of regulations in a single codification that assures the general framework of legal institutions, applicable to citizens. In this system judges must follow the regulations which constitute the primary source of law. The common-law system reunites three independent systems, which function in parallel: common-law, equity and statute-law. Common-law is the oldest source of law in British Law and remains the main part of this legal system. The exponent of the common-law system in Europe is Great Britain. The European legal systems have to be analyzed from the perspective of a potential European Contract Code. The essential elements of a contract are regulated differently in the two legal systems as we will observe in the present analyze.

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