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 119
- Downloads 0
GAPS IN ECONOMIC DEVELOPMENT INTER AND INTRA EUROPEAN UNION STATES
Economic development is a subject that generates much controversy, mainly because of the widening gaps between poor and rich nations. In the present paper, we intend to identify and explain the differences that exist bot...
IMPROVING THE LABOUR COSTS EFFICIENCY AT UKRAINIAN ENTERPRISES
Generally, labor costs are more complicated than other inputs. But wages and labor productivity in Ukraine are significantly lower than in the market economies. Also the share of the basic wages consisted by 61.1 per cent...
FEATURES OF LOGISTIC SYSTEM ADAPTIVE MANAGEMENT
The study presents literature survey on enterprise logistic system adaptive management place and structure in the general enterprise management system. The theoretical basics of logistic system functioning, levels of its...
CORPORATE SOCIAL RESPONSIBILITY AND SUSTAINABLE DEVELOPMENT OF TOURIST DESTINATIONS - AN ANALYSIS FROM THE PERSPECTIVE OF THE DEVELOPING REGIONS IN THE EUROPEAN CONTEXT
Tourism is one of the most important industries in the European Union economy, with a great contribution to the general dynamic of the integration process and to the fulfillment of the Union strategic objectives. As a re...
THE CREATION OF THE FREE EXCHANGE ZONE– A STEP TOWARDS INTEGRATION OF THE REPUBLIC OF MOLDOVA TO THE EUROPEAN UNION
The trade of the Republic of Moldova in a large extent depends on the exports and imports to/from the European Union. The EU enlargement phenomenon is placing the Republic of Moldova on a favorable position, if speaking...