Perspectiva neexecutării ca factor relevant în decizia de încheiere a contractului sau despre gestionarea riscurilor asociate neexecutării
Perspective of non-performance as a relevant factor in the decision to conclude the agreement or about the management of risks related to the non-performance

Summary/Abstract: As it is shown including by the manner in which it was structured, this study is intended at first instance to identify the reasoning of the additional execution deadline, imported by the Romanian Civil Code as being one of the effectiveness conditions of formal notice. The second assumed goal shall be conditional on the reasoning of the fact that formal notice shall not allow, in the Romanian civil law, to the creditor to opt for the execution of the contractual obligation in the equivalent. Finally, the undertaken analysis aims at clarifying the legal significance of risk take-over by the creditor put in default. Mainly, we will attempt to point out certain means/limits by/in which contractors – whether they (re)act from their capacity as creditor or debtor – have the possibility to materialize the binding force of the agreement in their relationship.

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