Obligaţia de a da şi neexecutarea eficientă. Scurte consideraţii
Contractual obligation to give and efficient non-enforcement. Brief considerations

Summary/Abstract: Within this article, we will demonstrate that a buyer cannot obtain, by in-kind enforcement, the manufacture of the future asset due by the seller. The reasons which we shall indicate are, mainly, the following: the behaviour consisting in the generation of the future asset is included in the subject matter of the seller’s contractual obligation, and therefore, as there is no legal text that indicates the manner in which the constraint specific to the in-kind enforcement is expressed in this particular case of the contractual obligation to give, the indicated remedy shall not be accessible to the creditor. It shall result that the Romanian legislator allows the seller of the future asset to commit efficient non-enforcements.

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