Scurte consideraţii cu privire la exercitarea abuzivă a dreptului de denunţare unilaterală a contractului cu executare succesivă

Drd. Loredana COCHIOR

Universitatea Titu Maiorescu

ABSTRACT

An exponent of unilateralism expansion in the field of contractual structure, the right to the unilateral denunciation of the contract brings into discussion the need to control its exercise from the perspective of the abuse of right, especially when it aims at a successive execution contract. On the other side, the inclusion of this extinctive prerogative into the category of protestative rights calls into question the admissibility of a posteriori control in the hypothesis of the abuse of right. However, the rule established by the legislator is that of exercising any right in good faith, according to the provisions of art. 15Civil Code and the subordination of the exercise of unilateral termination of continuing contracts simply answers to a natural request of introducing a minimum behavioural...