Rezilierea extrajudiciară, o reziliere mai "energică"? Studiu de caz: procedura specială a evacuării (art. 1.034 şi urm. C. pr. civ.)

Bogdan DUMITRACHE

Executor judecătoresc

ABSTRACT

The concern to find solutions that allow the creditor of the unexecuted obligation from a bilateral contract to settle the situation created by this non-execution as quickly as possible was one of those that found its reflection in the regulation of the New Civil Code.

The addition to the two forms of resolution/termination known under the old Code - the resolution/termination pronounced by the court, respectively the resolution/termination based on contractual agreements - of a third solution, that of the resolution/termination declared unilaterally by the creditor of the unexecuted obligation, it was done with the conviction of allowing the party prejudiced by non-performance to get out of the contractual relationship whose development ended in failure as quickly as possible in order to be able to enter into...