PROBLEMS OF PRACTICE IN APPLYING THE RULES OF
CONVENTIONAL RESOLUTION IN SPECIAL CONDITIONS
PROBLEMS OF PRACTICE IN APPLYING THE RULES OF
CONVENTIONAL RESOLUTION IN SPECIAL CONDITIONS
Author(s): Vasile LuhaSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Editura University Press, Universitatea de Medicina, Farmacie, Stiinte si Tehnologie “George Emil Palade” din Targu Mures
Keywords: conventional resolution; Civil Code; resolution; remedy; sanction;
Summary/Abstract: After a summary examination of the mechanisms that develop the unilateral and conventional resolution, the author finds that the specific formalism established by the civil code for achieving the objectives of the pacts agreed by the parties is - in some situations - difficult to fulfill, in the context in which the partners do not know or cannot rigorously follow the steps required by the delay procedure.The uncertainties that the mechanism can produce in special conditions are observed and, then, practical solutions are suggested, starting from the premise - generally accepted - that the commission pact is itself a subsequent and accessory convention to the fundamental contract.
Journal: Curentul Juridic
- Issue Year: 83/2020
- Issue No: 4
- Page Range: 99-112
- Page Count: 14
- Language: English