The Form ad Validitatem Attribute Exclusive of the Legislator in the 2009 Civil Code
Romanian Case Law Review issue 5/2014
Posted: 11 Nov 2014
Date Written: November 10, 2014
The form ad validitatem can be considered one of the limits of freedom of contract. Although the will is an essential factor of the contract and, on the basis of freedom of contract, consistently stated that the parties are free not to enter into contracts, to enter into desired contracts, both named and unnamed, with wanted contractual partner as well as to introduce all sorts of clauses, even not provided for by law, for the type of contract concluded, with only one condition to not prejudice the mandatory regulations or aspects related to public order or morals, the legislator does not allow parties to raise, through their freely expressed will, the form of a certain legal act, which according to law is not solemn, to the state of prerequisite for the valid conclusion of the respective act.
Keywords: contract, voluntary form, freedom of contract, limits, enforceable title
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