Despre unele acte ce poartă asupra drepturilor materiale la acţiune consecutive neexecutării obligaţiilor contractuale
About some acts on the material rights to action following the non-performance of contractual obligations

Summary/Abstract: The material rights to action following the non-performance of contractual obligations are established, as a rule, by supplemental norms, which means that the parties may lay down, by legal acts, the coercion applicable to the party failing to comply with its commitments. In this study, we will analyse those acts of this type that we consider more important due to their frequent use in practice, the problems they raise or their express regulation. We grouped them into three categories: (i) legal acts establishing remedies, where we included the penalty clause in the strict sense, the confirmatory earnest money and the acceleration clauses, (ii) legal acts amending or transmitting remedies, where we will deal with issues related to the estimative penalty clause, the clauses of (total or partial) exoneration of liability, the aggravated liability clauses, the assignment of debt and the common law cancelation clause, and finally (iii) legal acts extinguishing remedies – transaction, withdrawal, clauses of early suppression of remedies and the automated cancelation clause. Discussions on each act will concern, in principle, the notion of the act in question, special conditions of effectiveness in the broad sense, and effects in terms of contractual remedies.

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