ro fr
universul juridic magazin
Revista Română de Drept Privat

The meaning of the notions of cessation and termination in the Romanian Civil Code. Between the desire for clarity and the fatality of ambiguity

Although in most cases, the interpretation and application of provisions of thenCivil Code do not face major difficulties, cases have already been reported that require the combined efforts of theoreticians and practitioners to shed light on the meaning of certain terms and describe more clearly the content of certain concepts. The terms of resolution and termination are basically in the same situation. Thus, starting from relevant texts of the Civil Code (art. 1549 to 1557), the discussion was reopened on the same main conclusion that had been exposed in outline in the doctrine and judicial practice developed over decades in relation to the regulation of these concepts in the French Civil Code and in the former Romanian Civil Code: the resolution and termination are penalties for unjustified breaches of contract, while fortuitous impossibility of performance raises the problem of the distribution of risks related to the contract between the parties. In fact, a careful analysis of the texts mentioned justifies maintaining the distinction between the resolution, on the one hand, and making the contract void as an effect of the fortuitous impossibility of performance, on the other hand.