The Limits of the Special Rules for Construction Contracts in the New Civil Code Cover Image

The Limits of the Special Rules for Construction Contracts in the New Civil Code
The Limits of the Special Rules for Construction Contracts in the New Civil Code

Author(s): Oana-Ruxandra Gherghina
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: construction works; construction contract; New Civil Code; art 1874 NCC; FIDIC contracts; National Contract for construction works 2018;

Summary/Abstract: The Romanian legislator defines the contract for the construction works through art. 1874 NCC as the contract that where the contractor undertakes to execute works which, according to the law, require the issuance of the building permit.” In order to determine whether or not the legislator intended to subordinate the provisions of the Civil Code to those in the field of administrative law regarding building permit, is necessary to analyze the main doctrinal opinions. The theme of this study is precisely the initiative of the legislator to define the contract for the construction works through an apparent subordination of the provisions of the Civil Code to the field of administrative law regarding building authorization.

  • Issue Year: VI/2018
  • Issue No: VI
  • Page Range: 482-490
  • Page Count: 9
  • Language: English
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