Scrisoarea de confort în statornicirea Codului civil (Legea nr. 287/2009) privire de drept comparat

DANIEL MOREANU*

* e-mail: daniel.moreanu@yahoo.com

Consilier juridic - Bucureşti

ABSTRACT

In this study, the author provides a critical analysis of the content of art. 2322 of the Civil Code that has entered into force on 1 October 2011, regulating for the first time, in terms of legislation, autonomous guarantee instrument of the letter of comfort. Given the lack of doctrinal explanations and of the Romanian jurisprudence in this regard, the author makes a comparative law analysis regarding the use of this instrument, employing as reference points the Common Law systems and Continental Law systems based on the existence of a Civil Code.

This instrument is known since the early 1960s by the international transactions practice, but the corresponding case law is quite limited and in some legislation, although frequently used, letters of comfort are not subject to an expressis verbis legislative...