Recepţia teoriei grupului de contracte în dreptul european al contractelor

Conf. univ. dr. Gina ORGA-DUMITRIU

Facultatea de Drept, Universitatea Lucian Blaga Sibiu

ABSTRACT

The relationship between the contract group theory and the principle of the relative effect of conventions is, in the civil law of obligations, an actual Strait of the Danaids. Developed in French doctrine, the theoretical construction of contract groups is seductive and, above all, controversial. Recognized as a legal reality only in French, Belgian and Luxembourg law, the formula of contract groups remains for other national legislators only an economic reality whose challenges are most often manifested, in legal terms, regarding the nature of liability between the group’s partners, respectively the contractual or delictual nature of the direct action of the sub-acquirer against the original producer-seller of the goods.

The study begins with the description of the contract group categories popularized by Prof. Bernard...