Controlul arbitrarului în denunţarea unilaterală a contractului
Control of arbitrariness in the unilateral termination of the contract

Summary/Abstract: The decisive feature of the potestative rights shall consist of the subjection relationship being established between the holder of the potestative right and the passive subject. This subjection relationship led to the assertion of a discretionary nature of the potestative right. Can we deduct the fact that we are in the presence of certain rights being beyond any form of control from the action mechanism of these rights, which allows intrusion within the private area of interest of the passive subject? We attempted to demonstrate that this action mechanism requires, in our opinion, a risk control generated by the arbitrariness which the exercise of these rights involves. Sometimes, it is the law or the parties which require the fulfilment of certain prerequisites for the exercise of certain potestative rights, as it happens in the case of the right of unilateral termination, intended to reduce any risks generated by an arbitrary exercise. A subsequent verification of the potestative right shall be allowed and necessary, as the negative consequences of a conduct being accepted as discretionary may be removed.

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