Part III

Gheorghe PIPEREA, Professor, Ph. D., Faculty of Law, University of Bucharest, Introduction in the Theory of Contractual Solidarity
The solidarity of contracts refers to the inner and profound bond created between the two parties of the contract in order to bind them to win and take risks for the purpose of executing the contract.

Contractual solidarity refers to a special kind of individualism, raised to the level of partnership in order to redefine, redirect and amend the excesses or omissions of the three classical principles of bilateral contracts.

The key for contractual solidarity of the two contracting parties is the utility they can extract from it, while the obligation of cooperation, transposed into the tolerance duty, represents a mutual obligation for the two parties parts to collaborate in order to fulfil the purpose of the contract.

Contractual solidarity can also be considered as a demonstrative principle. The theory of the abuse of power, which finds its legal foundation in Civil Code or in special regulations, can be used as a normative tool of the demonstrative principle of contractual solidarity.

Key-words: contract, contractual solidarity, abuse of law
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