Scurte considerații privitoare la rezoluțiune și efectele declarației de rezoluțiune unilaterală
Brief considerations regarding rescission and the effects of the declaration of unilateral rescission

Summary/Abstract: The substantive civil law includes a series of legal operations which contain, due to their nature, the restitution of the assets which were subject to a legal relationship, established in a legal document and in this case, we can mention: the deposit, the mandate or even the ownership reserve. These cases reveal restitution obligations contractually established by the will of the parties, however, the new Civil Code governs also another series of legal situations which, accidentally, establish the same type of obligations, even if it has been considered a different purpose by the prior contractual behaviour of the contracting parties. This last type of legal situations falls within the scope of causes of inefficiency, with retrospective effect, just because a validly concluded contract does not produce its (total or even partial) legal effects intended upon its conclusion. This is why we shall include rescission, nullity, redhibition or estimative action for a latent defect or the sunset clause for a legacy in this last type of operations. All these legal situations retroactively counteract a contract and in general, all legal effects produced shall entail the restitution of already executed deliverables. Among all hereinabove mentioned legal operations, we focused on the approach of rescission and especially, on the approach of the unilateral rescission of a contract, first, due to the fact that this institution is of innovative nature in our civil law, but not least, for the simple reason that it represents a legal means which the legislator makes available to a contracting party which relies on the non performance of obligations by the other party and by the expression of its will, it may cancel the respective contract with retroactive effects. That is why we shall take into consideration the unilateral rescission not only from the point of view of the doctrine, but also from the practical point of view, since we shall try to further illustrate the specific nature of the necessary steps which this contracting party must realize, so that the approached institution produce the expected legal effects.

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