ro fr
universul juridic magazin

Contractual solidarism and the obligations of the parties during the performance of the agreements

This study is intended and aimed at the deceleration and analysis of the main obligations which are or may be in the charge of the contracting parties during the validity period of the agreement concluded, i.e., during its validity and performance. The concerned obligations are considered and examined by the author as originating from and in theoretical and practical terms, based on the existence of the ties of solidarity, arising from and existing between the contracting parties from the conclusion date and until the termination of the agreement to which they are parties. This explains the fact that the study starts with a brief exposure regarding the sentences and doctrinaire concepts related to the theoretical and philosophical bases of agreements; in this context, the author particularly examines the theory of contractual solidarism. Furthermore, starting from this last theory, the main obligations of the parties to an agreement, based on the principle of contractual solidarism are examined. Thus, it is stated that the obligation of fidelity of loyalty is at the heart of the contractual behaviour of the parties, together with the obligation of cooperation and the obligation of coherence. The second category of obligations is made up of the obligation of information, the obligation of security and the obligation of adjustment of the agreement in the case of hardship clause; the last obligations are considered as corollaries of the obligations of the first category. Finally, the author states that the observance of these obligations by the contracting parties ensures the maintenance and the smooth functioning of the ties of solidarity arising between them from the agreement which is validly concluded, which makes possible the carrying out of the contractual interest of each party, to which the role of “engine of the agreement” is conferred.