Convenţia de porte-fort sau promisiunea faptei altuia - analiză critică a dispoziţiilor art. 1283C. civ.

dr. CODRIN CODREA

Asist. univ. - Facultatea de Drept, Universitatea "Alexandru Ioan Cuza", Iaşi

ABSTRACT

The Civil Code expressly introduces the porte-fort convention or the promise of another’s deed in Article 1283, regulation which takes over the institution which was created in the doctrine of the Civil Code of 1865. The current codification places the institution in the section regarding the effects of the contract, but in a subsection distinct from the one devoted to the consecration of the principle of relativity of the effects of the contract. Although the systematic treatment of the principle inevitably implies the exploration of the controversies on the real or apparent exceptions, the incorporation of the analysis of the porte-fort convention in this framework has made the novelty of this legal figure somehow obscured. This article intends to make a critical analysis of the...