THE CLASSIFICATION OF THE CIVIL CONTRACTS FROM THE NEW CIVIL CODE

Authors

  • Petru Tarchila “Aurel Vlaicu” University, Arad, Romania

DOI:

https://doi.org/10.15837/aijjs.v7i4.844

Keywords:

the synallagmatic and unilateral contracts, contracts with onerous title and contracts with costless title, contracts with immediate or successive fulfillment, named or no-named contracts, consensual, solemn and real contracts

Abstract

In this paper ,we are debating the problem of the relationship between the civil juristic
document and the contract .The civil juristic document was defined as ... „a manifestation of
will with the intention of producing juristic effects, meaning the birth, change and cancel of
an concrete civil juristic relation” or … “the manifestation of will occurred for the
realization of juristic effects materialized in the creation, the change, the transfer or the
canceling of an concrete civil juristic relation” ( Art.1166 C.civ.).
The contract was defined 1in the doctrine as the agreement of a will between two or
more persons for the purpose of producing juristic effects, in other words giving birth,
changing, transferring or canceling juristic relations. The contract is the main form of the
juristic act, and the new civil code made the classification from more points of view
(art.1171-1177) in synallagmatic and unilateral contracts, contracts with onerous title and
contracts with costless title, contracts with immediate or successive fulfillment, named or nonamed
contracts, consensual, solemn and real contracts, etc

Author Biography

Petru Tarchila, “Aurel Vlaicu” University, Arad, Romania

Faculty of Humanities and Social Sciences

References

Corneliu Bîrsan,â€The new civil code and civil lawâ€, Hamangiu Publishing House,

Bucharest, 2012;

Valeriu Stoica, “The civil law and the civil contracts“, “Editas†Publishing House,

Bucharest, 2011;

Liviu Pop “Treaty of civil lawâ€, “Universul Juridic†Publishing House, Bucharest

;

Gabriel Boroi,â€The new civil codeâ€, Hamangiu Publishing House, Bucharest, 2010;

Constantin Stătescu, Corneliu Bîrsan,â€The civil contractsâ€, Hamangiu Publishing

House, Bucharest 2010;

Ion Dogaru, â€The civil lawâ€, Humanitas Publishing House, Bucharest, 2010.

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Published

2013-12-21

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