17.01.2022

On fault in case of termination of contracts

Is the rule that the termination is based on the presumed fault of the debtor who does not perform his obligations arising from a bilateral contract, a rule which results from the texts of the Civil Code, ie from positive law rules? The principle of fairness underpins the entire Civil Code and operates as an arbitrator whenever the other fundamental principles compete. The fairness test is essential to validate both the rules of positive law and the interpretations given to them in doctrine and jurisprudence. This test expresses the correlation between the positive law structure of the Civil Code and its natural law infrastructure.

The rule of law that the termination and termination is based on the culpable non-performance (in a broader sense, non-performance without justification) of the contractual obligations, with the emphasis that the debtor's fault is presumed, is fair, as it expresses the right balance between the idea of ​​freedom, the idea of ​​responsibility and the idea of ​​guilt.

More details, in the analysis signed by Valeriu Stoica - Founding Partner.

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