THEORETICAL ASPECTS REGARDING THE REGULATION OF DEFAULT CLAUSES IN THE NEW CIVIL CODE
THEORETICAL ASPECTS REGARDING THE REGULATION OF DEFAULT CLAUSES IN THE NEW CIVIL CODE

Summary/Abstract: In contractual matters, if, without justification, the debtor does not fulfill his obligation, the non-performance is significant and the creditor does not demand the forced execution of the contractual obligations, the latter may be released from his correlative obligation, obtaining the termination or termination of the contract. In the case of contracts with successive execution, the creditor also has the right to termination in the case of a small but repeated non-execution.The default clauses is limited to the notion of full termination / termination of the contract, being conceived as the most categorical way to terminate it through the fault of the debtor of the obligation.Based on the principle of freedom of will, the parties may insert in a synallagmatic contract certain clauses relating to the termination of the contract in case of culpable non-performance of the obligation assumed by any of them, a clause known as default clauses.

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