Promisiunea faptei altuia şi stipulaţia pentru altul în reglementarea noului Cod civil

Lect. univ. dr. Gabriel TIŢA-NICOLESCU

Universitatea "Transilvania" Braşov, Facultatea de Drept

Abstract

This article tackles the two situations clearly described by the New Civil Codeas exceptions from the relativity principle of contract effects. What is important to remember in the first place is that these two legal institutions have for the first time a de lege lata regulation in our civil law, while the old civil law did not mention them expressis verbis, although both the promise of deed for a third party and the stipulation for a third party were acknowledged without reservations, but as a creation of the legal literature based on some concrete applications mentioned by the Civil Code abolished in 2011. The same importance and relevance has the fact that the two legal institutions in question here are regulated in the chapter concerning the relativity of contracts, which fully explains their...