THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS
The contract is the very heart of the Civil Code, and it is in fact also the cornerstone of any society, as without it relations and rapport amongst citizens could not occur nor unfold, and as such it is presently considered an effective legal instrument for organizing the behavior of all members of...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2013-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_035.pdf |
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| author | MIHAELA IRINA IONESCU |
| author_facet | MIHAELA IRINA IONESCU |
| author_sort | MIHAELA IRINA IONESCU |
| collection | DOAJ |
| description | The contract is the very heart of the Civil Code, and it is in fact also the cornerstone of any society, as without it relations and rapport amongst citizens could not occur nor unfold, and as such it is presently considered an effective legal instrument for organizing the behavior of all members of society. The importance of contracts, the extent of contractual freedoms, the rapports that contracts entertain with laws, norms and other regulations and the means to properly frame and limit the State’s intervention in the economy all hinge on the evolution of society and it’s general ideological proclivity. The contract acts as the mirror of all this and it comes as no surprise that a society that has shortly left an organization based on the tenants of communism still bears the full weight of this ideology when it comes to contracts. In the framework of the New Civil Code, the contract is viewed as based on a series of principles which are carefully drawn and well established in the general consciousness. As such, altering these principles would naturally cause important concern and uncertainty between the Parties to the Contract. Therefore, when times require repealing from a principle, this should be implemented with the greatest prudence by the legislature. This paper contains a summary of the guiding principles of contracts from the provisions of the New Civil Code. For the first time in our legal history, these provisions regulate the two most fundamental principles of contracts; contractual freedom and good faith, which is why the author chose to insist on these new regulations |
| format | Article |
| id | doaj-art-8cc1b558ad2e4a3e84a0db3bb0438507 |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2013-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-8cc1b558ad2e4a3e84a0db3bb04385072025-01-02T15:45:25ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-295300THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTSMIHAELA IRINA IONESCU0Assistant Lecturer, Department of Private Law, “Nicolae Titulescu” University (irina.cazimir@gmail.com)The contract is the very heart of the Civil Code, and it is in fact also the cornerstone of any society, as without it relations and rapport amongst citizens could not occur nor unfold, and as such it is presently considered an effective legal instrument for organizing the behavior of all members of society. The importance of contracts, the extent of contractual freedoms, the rapports that contracts entertain with laws, norms and other regulations and the means to properly frame and limit the State’s intervention in the economy all hinge on the evolution of society and it’s general ideological proclivity. The contract acts as the mirror of all this and it comes as no surprise that a society that has shortly left an organization based on the tenants of communism still bears the full weight of this ideology when it comes to contracts. In the framework of the New Civil Code, the contract is viewed as based on a series of principles which are carefully drawn and well established in the general consciousness. As such, altering these principles would naturally cause important concern and uncertainty between the Parties to the Contract. Therefore, when times require repealing from a principle, this should be implemented with the greatest prudence by the legislature. This paper contains a summary of the guiding principles of contracts from the provisions of the New Civil Code. For the first time in our legal history, these provisions regulate the two most fundamental principles of contracts; contractual freedom and good faith, which is why the author chose to insist on these new regulationshttp://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_035.pdfContractcontractual freedomCivil Codeprinciplesgood faith. |
| spellingShingle | MIHAELA IRINA IONESCU THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS Challenges of the Knowledge Society Contract contractual freedom Civil Code principles good faith. |
| title | THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS |
| title_full | THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS |
| title_fullStr | THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS |
| title_full_unstemmed | THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS |
| title_short | THE PRINCIPLES OF CONTRACTUAL FREEDOM AND GOOD FAITH IN JURIDICAL CONTRACTS |
| title_sort | principles of contractual freedom and good faith in juridical contracts |
| topic | Contract contractual freedom Civil Code principles good faith. |
| url | http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_035.pdf |
| work_keys_str_mv | AT mihaelairinaionescu theprinciplesofcontractualfreedomandgoodfaithinjuridicalcontracts AT mihaelairinaionescu principlesofcontractualfreedomandgoodfaithinjuridicalcontracts |