Forţa obligatorie a contractului

Prof univ. dr. MONNA-LISA BELU MAGDO

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România

Avocat - Baroul Prahova

ABSTRACT

One of the most important principles in contractual matters, related to the effects produced towards the contracting parties, is that of its binding force, having its source in the will of the contracting parties, in their autonomy of will, sacralized by the power of law recognized to this will.

In the introductory part of the study, it was brought into discussion whether the legal power of the binding force of the contract, enshrined in the current Civil Code, is still up-to-date compared to the realities of our days, when, under the influence of economic, social and globalist phenomena, we are witnessing a limitation of the freedom of will, to its censuring at legal level, to the possibility of the judge to adjust the contract, even beyond the will of the parties. As support for the...