Principiul "back-to-back" în contractele de subantrepriză pentru lucrări de construcţii încheiate în baza legii române

Dr. Cristian Răzvan RUGINĂ

Facultatea de Drept, Academia de Studii Economice Bucureşti

ABSTRACT

References to the "back-to-back" principle are increasingly common in the practice of subcontracting contracts for construction works, being used to describe the rights and obligations that the contractor has under the main contract, and which it transfers to the subcontractor with respect to the parts and elements of the works that are the subject of subcontracting by reference to external clauses contained in the main contract for construction works.

The technique of drafting the "back-to-back" subcontracting agreements often generates confusion and misunderstandings regarding the extent of the obligations transferred to the subcontractor. These uncertainties become more numerous and difficult to resolve in case of main contracts with a high degree of complexity and which...