CONTENTS OF THE CONTRACT CONCLUDED
BETWEEN PROFFESSIONALS TRADERS
CONTENTS OF THE CONTRACT CONCLUDED
BETWEEN PROFFESSIONALS TRADERS
Author(s): Smaranda AngheniSubject(s): Commercial Law
Published by: Österreichische Nationalbibliothek Wien/ Österreichisch-Rumänischer Akademischer Verein
Keywords: contract; clauses; negotiated; obligations; external clauses; standard clauses; unusual clauses;
Summary/Abstract: The contents of the contract usually consist of the clauses inserted by the parties to the contract. The clauses may be negotiated by both the parties (in the case of negotiated contracts), as well as determined by one of the parties, and the other party, to the extent in which it wishes to conclude such contact, it adheres to, agrees with the clauses determined by the co-contractor. On the other hand, the contract contents vary according to the contract's nature, to its object, to the parties' obligations etc.The Civil Code provides some common rules applicable to all contracts in relation to their contents.Thus, according to art. 1272 Civil Code, if a contract is validly concluded, it binds the parties not only to what is expressly stipulated in its contents, but to other obligations as well, according to the practices already determined (existing) between the parties, based on the practice or as the law or reasonableness impose such clauses.At the same time, the legislator determines under par. (2) of art. 1272 Civil Code: "the usual clauses in a contract are inherent, even though they are not expressly stipulated". For instance, the clause regarding the contractual liability for the debtor's failure to observe its obligations is inherent even though the parties did not expressly provide such a clause in the contract.
Journal: Conferința Internațională Educație și Creativitate pentru o Societate Bazată pe Cunoaștere - DREPT
- Issue Year: VIII/2014
- Issue No: VIII
- Page Range: 6-12
- Page Count: 7
- Language: English