Nemo potest venire contra factum proprium. The coherence principle in European contract law
Journal Title: CES Working Papers - Year 2018, Vol 10, Issue 3
Abstract
The coherence principle was elaborated by the legal scholar Dimitri Houtcieff in the field of contract law of the French legal system as an instrument for overcoming those contradictions regarding the contract or the contractual behavior which may be damaging for the other party or even for third parties. The coherence principle relies on the hypothesis that a contract, as the agreement of the parties, is a coherent system, and that whatever contradictions it may contain are irreducible oppositions within the system, deriving either from certain explicit provisions in the contract or from the behavior of the party, which can affect the dynamics of the contract in various ways. The article intends to elaborate on the notion of contractual contradiction as it was developed in the French doctrine, to analyze such contradictions in the French contract law and to verify, on the one hand, if there can be established any relation of equivalence between the legal notions employed in the French legal doctrine and the Romanian one, and, on the other hand, if the coherence principle may prove to be applicable in the Romanian contract law as an equally useful tool.
Authors and Affiliations
Codrin CODREA
Keywords
Related Articles
- EP ID EP468676
- DOI -
- Views 105
- Downloads 0
WELL-BEING INEQUALITY AND THE ECONOMIC CRISIS: EVIDENCE FROM LIFE IN TRANSITION SURVEYS IN EASTERN EUROPE
This paper examines the relationship between well-being inequality and the economic crisis for countries from Central and Eastern Europe. Using data from Life in Transition Surveys waves 2006 and 2010, we assess the leve...
COMMON FISCAL POLICY
The purpose of this article is to demonstrate that a common fiscal policy, designed to support the euro currency, has some significant drawbacks. The greatest danger is the possibility of leveling the tax burden in all c...
ECONOMIC CRISIS AND ECONOMIC DISPARITIES IN EUROPEAN UNION
The impact of the economic and financial crisis is still being felt. It started as an acute crisis of the banking system, but then quickly affected the real economy, causing a substantial slump in business investment, ho...
The new economic governance framework of the European Union
There is a general agreement that the European Union is facing nowadays one of the most important challenges in the history of the community, taking into consideration the wide range of economic, social and political ris...