DOI: 10.5176/2251-3809_LRPP18.155
Authors: Tița-Nicolescu Gabriel
Abstract:
As we know, a validly concluded contract bears certain legal effects, more accurately, it gives rise to certain rights and sets certain obligations for parties, that is why it is considered as a typical and basic source of obligations by the listing provided by art. 1.165 of the new Civil Code. Naturally, such effects are produced for the parties, that is for the entities having signed the contract. However, extraordinarily, a contract may bear effects on third parties, that is entities that did not take part in the conclusion of the contract. As it naturally bears effects between the parties, we may say that a contract is binding for such, or, in other words, the signing parties must comply with the provisions of a contract. On the contrary, as to third parties, given such effects are extraordinary, we may say that the effects borne on such are relative. Nevertheless, all entities must comply with the binding relations created and the rights acquired by the other entities under the concluded contracts or, in other words, no entity can ignore the rights gained by another entity under a contract, for such contract is opposable to third parties. Therefore, above any discussion that may arise concerning the effects of a contract, we should note that there are three basic principles in this matter, namely: -- the principle of the binding effects of a contract (or the principle of a binding contract); -- the principle of the relative effects of a contract (or the principle of a relative contract); -- the principle of the opposable effects of a contract (the principle of an opposable contract). The new Civil Code brings important innovations with regard to the effects of a contract, as some of them are regulated for the first time in our legislation, such as the doctrine of hardship or unilateral termination of a contract. Below we will deal with these exceptions from the principle of a relative contract by referring to the sources of comparative law and highlighting especially the unusual aspects that are worth special attention in legal literature; certainly, we expect that the case-law have a decisive contribution to the clarification of the aspects in question by the resolutions to be passed.
Keywords: principle of binding effects of contracts, external clauses, exceptions from principle of the binding effects of contract, unilateral termination of a contract, hardship, excessively onerous obligations, contract renegotiation.
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