Scurte consideraţii asupra scrisorii de confort

Georgiana Ecaterina BĂLAN

ABSTRACT

Through this article, the author aims to make a brief analysis of the provisions of the article 2322 of the New Civil Code regarding the comfort letter. The subject is approached both from a theoretical perspective and from a commercial practice perspective as this new legal instrument offers flexibility in creating its content and multiple practice opportunities. The text takes into account elements of international jurisprudence as well as the national jurisprudence that is just beginning in the studied field.

The author clarifies several aspects regarding the content of the comfort letter, distinguishing between various types of obligations that can be constituted through it and exemplifies cases where a legal document with a similar name exceeds the scope of application of art. 2322 New Civil Code. The author also argues the contractual nature of the comfort letter, emphasizing the legal effects...