THE PRINCIPLE OF RELATIVE EFFECT OF CONTRACTS - A HISTORICAL VIEW AND ASPECTS OF COMPARATIVE LAW
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The contract shall take effect only between the Contracting Parties; it does not in any way affect third parties, unless the law otherwise provides. This is the principle of the relativity of the effects of the contract, a rule established since Roman law. In Romans, the principle developed in close connection with the formalism of the contracts, but also with the personalist concept and the individualistic spirit of law, with exceptions to the rule being admitted initially. Over time, the relative effect that the contract has produced has become a basic principle in the law of many countries, some legislations devoting it express text (such as French law, Spanish law), others recognizing its existence from the interpretation of legal texts for example, German and Swiss law). The article aims to deal briefly with the origins and the emergence of the principle of relativity, its development and exceptions to the rule, starting from the Roman law and passing through the French, Swiss, German and, of course, the Romanian civil code. In this latter approach, the material proposes a brief review of the relative effect, as regulated in the previous civil code, in art. 973, with references to the exceptions established by the literature, so-called real exceptions (the stipulation for another) and the apparent exceptions (port-fort convention, representation, direct actions, etc.).
Authors and Affiliations
Tudor Vlad RĂDULESCU
Keywords
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