Effects of Opposability of the Agreement in the New Romanian Civil Code

Authors

  • G. Tita-Nicolescu Transilvania University of Brasov, Romania
  • S.G. Barbu Transilvania University of Brasov, Romania

Keywords:

opposability, ayant-cause, successors, third parties, unsecured creditors

Abstract

The valid contract is fully effective between the parties, respectively the contract is enforceable by the parties, this being the goal and the effect of its signature. At the same time, absolutely exceptionally, the contract is effective against the third parties, respectively against parties who did not sign it. These effects of the contract are stipulated by the law and they are known in the doctrine and in the jurisprudence as being the principle of the enforceability of the contractual effects and respectively, the relativity principle of the contractual effects, but we do not intend to talk about this principle in this paper.

Author Biographies

G. Tita-Nicolescu, Transilvania University of Brasov, Romania

Law Faculty

S.G. Barbu, Transilvania University of Brasov, Romania

Law Faculty

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Published

2013-01-23

Issue

Section

LAW