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
Related Articles
- EP ID EP303558
- DOI -
- Views 119
- Downloads 0
THE PRINCIPLE OF PROPORTIONALITY, THE IMPLEMENTATION OF EU LAW, THE PUBLIC ADMINISTRATION. GENERAL AND PRELIMINARY ASPECTS
Fundamental principle of EU law is governed, at present, by Article 5 (4) of the EU Treaty, as well as Article 5 from the Protocol no 2 of the Lisbon Treaty, the Protocol on the application of the principle of subsidiari...
THE EUROPEAN ARREST WARRANT. THE ENFORCEMENT OF THE EUROPEAN ARREST WARRANT IN THE UNITED KINGDOM.
The European arrest warrant has replaced the extradition procedure between the Member States of the European Union. Thus, by the introduction of the European arrest warrant, the administrative-judicial procedure was repl...
THE IMPORTANCE OF PERFORMANCE INDICATORS IN ANALYZING BUSINESS ENVIRONMENT AND BUSINESS EVOLUTION
The analysis of economic environment brings into attention of the ones interest important trends and important evolutions that can bring into surface new strategies and new ways of obtaining profit. This is to say that s...
THE USE OF BLOCKCHAINS. AN R APPROACH
The cryptocurrency is a hot topic and understanding the blockchain is very important. Also, understanding what blockchain may lead to more decentralized services and applications to be used, not only in relation to finan...
THE CONTRIBUTION OF THE ROMANIAN CONSTITUTIONAL COURT TO ESTABLISH THE RELATION BETWEEN THE RIGHT TO PROPERTY AND THE RIGHT TO A HEALTHY ENVIRONMENT
The present study aims to establish the relation between the right to property and the right to a healthy environment from the perspective of the jurisprudence of the Romanian Constitutional Court. The relation between t...