Utilitatea Distinctiei Dintre Rezolutiunea si Rezilierea Contractului Civil: Probleme si Solutii (The Utility of the Distinction between Termination and Rescission of the Civil Contract: Problems and Solutions)

6th International Conference of Young Researchers 'Current Trends in the Evolution of the Historical and Legal Heritage of the Republic of Moldova', pp. 114-126, Institute of History, State and Law of the ASM, Chisinau, Moldova (April 12, 2012)

13 Pages Posted: 20 Nov 2012

Date Written: April 12, 2012

Abstract

The new Moldovan Civil Code has taken over the twofold concept of termination and rescission of the contract as opposed to using a uniform term to describe the ending of a contract by the act of a party before it is effectively performed. In order to apply these two concepts, the Code distinguishes among contracts with single performance and contracts with successive performance. The first are terminated which leads to bilateral restitution of performances and the second are rescinded which puts a stop to the contract without affecting past performances.

This article argues that this distinction is oftentimes inappropriate and is blurred by reasons of practicality. Consistent with modern legal thinking, the author supports the use of a single term for the ending of the contract and suggests that a new classification of contracts must be adopted at a scholarly level – contracts with global utility and contracts of continuing utility.

The author supports the approach of EU's Draft Common Frame of Reference on the matter, i.e. that the lawmaker should not focus on terminology and classification, but rather should clearly set out the legal regime of termination of contracts depending on the actual economical content of the operation at hand.

Note: Downloadable document is in Romanian.

Keywords: rescission, termination, contract

JEL Classification: K12, K20

Suggested Citation

Cazac, Octavian, Utilitatea Distinctiei Dintre Rezolutiunea si Rezilierea Contractului Civil: Probleme si Solutii (The Utility of the Distinction between Termination and Rescission of the Civil Contract: Problems and Solutions) (April 12, 2012). 6th International Conference of Young Researchers 'Current Trends in the Evolution of the Historical and Legal Heritage of the Republic of Moldova', pp. 114-126, Institute of History, State and Law of the ASM, Chisinau, Moldova (April 12, 2012). Available at SSRN: https://ssrn.com/abstract=2177833

Octavian Cazac (Contact Author)

Moldova State University ( email )

Alexei Mateevici St 60
Chisinau, Chisinau MD-2009
Moldova

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