Rezoluţiunea, rezilierea şi reducerea prestaţiilor. Efectele, natura juridică, noţiunile (III)

Lect. dr. Florin I. MANGU

Universitatea de Vest din Timişoara

Facultatea de Drept şi Ştiinţe Administrative

ABSTRACT

This study concerns the identification of the effects, the establishment of the legal nature and the formulation of the notions of the three juridical institutions. Thus, the main effect of rescission/termination, as well as reduction in the performance of contractual obligations consists in the total or partial discharge of a contract, with consequences for the past or, accordingly, for the future, followed by the restitution of the performed contractual obligations without a cause on the basis of the avoided contract. As for the legal nature of these institutions, we will draw conclusions with regard to the idea of civil law sanction.

Keywords: rescission, termination, reduction in the performance of contractual obligations, discharge of a contract, restitution of the performed...