ro fr
universul juridic magazin

Debates about the provisions of the new Civil Code regarding the assumption of the non-exercise of the right of choice by the party to which the choice of performance belongs in case of alternative obligations

As compared to the quietness of the Romanian Civil Code of 1864 regarding the consequences of the failure of the party who had the choice of the performance in case of alternative obligations, to exercise the right of choice, the new Civil Code contains an express provision for this assumption. However, a more careful examination of the new provisions reveals that the present regulation regarding the alternative obligations represents only a first action, but not a complete solution, as the solutions in the assumption into question arise onlyfrom the correlated interpretation of several institutions of the new Civil Code, and not from the enforcement of a single express provision in the matter of alternative obligations.