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Resolution and termination

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Author(s): Adina FOLTIŞ

Journal: Bulletin of the Transilvania University of Braşov. Series VII : Social Sciences and Law
ISSN 2066-7701

Volume: 5 (54);
Issue: 2;
Start page: 59;
Date: 2012;
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Keywords: resolution | termination | contract | effects | inexecution

ABSTRACT
The resolution, the termination and the reduction of labour conscription are regulated by articles 1549-1554 in the new Civil Code, which represents the common law in this matter. We appreciate that the new regulation does not conclusively clarify the issue related to whether the existence of liability in order to call upon the resolution is necessary or not, because the existence of this condition has been inferred under the previous regulation from the fact that the absence of liability shifts the inexecution issue on the domain of fortuitous impossibility of execution, situation in which the resolution of the contract is not in question, but that of the risk it implies.
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