This article is mainly intended at discussing the possibility of claiming the vice of consent consisting of violence (threats) in the relations between professionals, as well as the analysis of the concept of economical violence and the conditions thereof. The article starts with a section presenting the regulation of the violence in the new Civil Code, then addressing the claim of violence as a vice of consent in between professionals and fin...

This article represents the second part of the study of error-vice of consent under the new Civil code. In this second part, the author continued the analysis with the types of error (excusable and non-excusable error, assumed and non-assumed risk of error, as well as error in communication or transmission) conditions of error, invoking error and its consequences on the contract. The author considered the judgements expressed by the scholars un...

The Civil Code of 1864 assigned one Article to the error – vice of consent, hence, the majority of the issues and considerations related to the error being built and debated at a doctrinal level. The new Civil code has another approach. The regulation of error is more abudant, i.e. seven Articles insted of one Article, some of the regulated issues being the ones already debated at doctrinal level under the Civil Code of 1864, e.g. error of la...

This study aims to analyze, through the eyes of a practitioner of law, the mechanism and the legal effects of the debt assumption, regulated for the first time expressly by the Romanian Civil code. Some of the particular objectives of this study are to identify the practical issues which may arise due to the interpretable and/or incomplete provisions and, correlatively, to propose possible solutions and/or approaches aimed to prevent the dama...

The authors of the study review one of the novel solutions implemented by the new Civil Code of Romania in the area of contractual obligations, namely the regulation of the unusual clauses. These are defined as a species of standard clauses and may be viewed in general as clauses which purport to alter the balance of the obligations of the parties resulting from the statutory regulation of contracts for the benefit of the party which proposes...

This article represents the second part of a study aimed to provide an overview over the services and construction contractors’ liability under the Romanian Civil code. In this second part, the authors focused to the special provisions from the Romanian Civil code, applicable to construction contracts and also provided brief considerations with regard to the termination of the contractor agreements. Where the case, the special legislation has ...

This article represents the first part of a study aimed to provide an overview of the main novelties related to contractor’s liability under the Romanian Civil code. In their study, the authors referred to the relevant provisions of the Québec Civil code, as it represented one of the main sources of inspiration for the Romanian Civil code, and to the related doctrine as well. The authors also outlined the potential issues to arise due to the ...