FIDIC CONTRACTS STATUS UNDER THE NEW CIVIL CODE
FIDIC CONTRACTS STATUS UNDER THE NEW CIVIL CODE

Summary/Abstract: Standardized forms of contract developed by the Federation Internationale des Engineers Consultants FIDIC are recognized internationally as general contractual terms, specially drafted for the construction industry. By nature and external form of expression, standardized FIDIC forms of contract are qualified in the legal doctrine as international commercial usages. Taking into consideration the accelerated rhythm of economic transactions and also the importance of the commercial usages, especially in the work of professionals, when the New Civil Code was promoted the Romanian legislator assigned the usage a leading position in the hierarchy of sources of law, regulating that "in cases not provided by the law, usage applies, and only in their absence provisions regarding similar situations. " In the legal literature a distinction between “normative usage" and "conventional usage" is made. This study aims to analyze the FIDIC contracts and their use in Romania, in the light of the constant increase in legal force, showing both their initial character of conventional usage and the current trend, by which the conventional origin turned over time, transforming FIDIC contracts into normative usages, where the powerful force of facultative law is intended to replace the free will of the parties.

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