THE NOTION OF SPECIAL CONTRACT IN THE ROMANIAN LAW, STARTING WITH THE ROMAN LAW UNTIL THE POST-1989 REVOLUTION PERIOD
THE NOTION OF SPECIAL CONTRACT IN THE ROMANIAN LAW, STARTING WITH THE ROMAN LAW UNTIL THE POST-1989 REVOLUTION PERIOD

Summary/Abstract: The understanding of the special contracts, of their role and of the generaltheory of the contract in the organization of the economic trades, also refers to therelation between them starting from the Roman law and until the post-1989 Revolutionperiod.The Romanian law, which originates from the Roman law, has known,throughout the above mentioned period, evolutions of the application of thefundamental concepts of the civil law, close to the ones from the western Europeanlegislations, but also original ones, especially in the economic relations between theeconomic agents (undertakings) during the socialist period, which performed theireconomic trades based on the national plan and only in subsidiary based on the legalrelations established by the Civil Code of 1864 and the Commercial Code of 1807, veryclose to the French Civil and Commercial Codes. During this period, only smallundertakings and individuals, to a very limited level, because of the absence of theireconomic base by the nationalization of the enterprises or the collectivization of thelands, performed their economic trades based on the rules of the contractual law statedby the Civil Code.Despite this limitation in the application of the rules of the private law, by theefforts of the doctrine and legal practice, the application of the concept specific toobligations in the private law have preserved their vigor, refreshed by the update to themarket economy after the Romanian Revolution of 1898.

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