Probleme practice în aplicarea regulilor rezoluțiunii convenționale în condiții speciale
Practical problems in the application of the rules of the conventional resolution in special conditions
Author(s): Vasile LuhaSubject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: conventional resolution; unilateral resolution; impossibility to perform; commisary agremeent; notice of default; cancellation clause; earnest clause;
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 fulfil, 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: Revista „Dreptul”
- Issue Year: 2021
- Issue No: 11
- Page Range: 9-25
- Page Count: 17
- Language: Romanian
- Content File-PDF