2012
Term and Condition in the new romanian Civil Code (2009) - Petrache Daniel-Florin
Abstract: The present study intends to analyse and criticise in a constructive manner certain regulations of the term and the condition in the new romanian Civil Code, which has come into force on 1st of October, 2011. In what concerns the condition, we consider that the new Code succeeds to suppress the redundant texts, with one exception, the provision concerning the purely potestative condition. That is the reason why art. 1.403 C. Civ. will consist the center of our analysis, notwithstanding the other articles which develop the regulation of the condition. We will not omit in our approach the novelties regarding the risks in the bilateral agreements affected by modalities or the provisitions regarding the inscription of conditional rights in rem, in the context of the constitutive effect implied by the inscription into the land book. As for the term, the new Code brings about a generous regulation, close to that of Quebec. We are going to debate all these articles, while showing in the end how the legislator decided to settle the controversies of the eligibility of the derivative and paulienne actions before the fulfillment of the suspensive term.
Keywords: condition, term, purely potestative condition, land book, risk in contracts
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