Încetarea contractului prin denunţare unilaterală: regulă sau excepţie?

Lect. univ. dr. Camelia Spasici

Universitatea din Bucureşti

Facultatea de Administraţie şi Afaceri

ABSTRACT

The contract is the law of the parties. Thus, validly concluded, the contract has the force of law for the parties and therefore, in principle, cannot be terminated by the will of a certain party.

The termination of the contract by unilateral termination is, however, one of the ways to terminate it, provided by the Civil Code.

The paper proposes a brief analysis to answer the question: is unilateral termination a rule or is it an exception in the contract?

The scientific approach is carried out on two levels: in the common law contract (art. 1166 et seq. Of the Civil Code) and in the consumption contract.

The result of the study is different: in the common law contract the unilateral denunciation operates as an exception and in the consumer contract, as a rule (unlimited).

The paper is structured in four sections:...