Câteva observații cu privire la regimul juridic
al clauzelor considerate de lege nescrise
Some remarks on the legal status
of the clauses considered unwritten by law
Author(s): Florina PopaSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: clauses deemed unwritten; autonomous sanction; effects;
Summary/Abstract: Clauses deemed unwritten is a sui generis contractual sanction, other than nullity, to provide, in principle, saving contract, which deprives the contractual stipulations effects contrary to mandatory rules and morality, replacing them with applicable legal law. Even if the penalty clauses deemed unwritten legal regime is similar to the partial nullity of the contract rules, its operating mechanism is more flexible, and could take effect without court intervention
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2018
- Issue No: 2
- Page Range: 122-133
- Page Count: 14
- Language: Romanian