Formarea contractului comercial – o decizie de afaceri?
Formation of the business agreement – a business decision?
Author(s): Adriana Almăşan Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: drafting of the agreement; negotiation; cause of the agreement; business; art. 1.182 of the Civil Code; art. 1.185 of the Civil Code; continued drafting of the agreement;
Summary/Abstract: Agreements shall not be entered into for the purpose of creating any legal relationships, but for the purpose of meeting some economic needs, and the judicial nature shall only serve as a robe for the economic relationship created under the agreement. In the business field, the approach based on taking into account the economic goals aimed by the parties to the agreement as a matter of priority is far more important. This study examines the paradox generated by the regulation of the Civil Code into force, which, centralizing the drafting of the agreement on certain false awards, puts its economic sense into the background, and even denies it. In the spotlight of this study there is the continued drafting of the agreement, an innovation regulated for the first time under the Civil Code of 2009, which allows the drafting of the agreement with the disregard for the economic effect.
Journal: Revista Română de Drept Privat
- Issue Year: 2019/2019
- Issue No: 03
- Page Range: 332-346
- Page Count: 15
- Language: Romanian
- Content File-PDF