Danubius International Conferences, 6th International Conference on European Integration - Realities and Perspectives

The mandatory force of the Contract in relationship with Thirds. Positive consecration in Comparative Law and in the New Romanian Civil Code

Nora Andreea Daghie
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Date: 2011-05-13 12:30 PM – 02:00 PM
Last modified: 2011-05-10


The drafters of the Romanian Civil Code at 1864 supressed the last part of the corresponding article of French Civil Code (art. 1165) so that the appearance was created of a rigid principle that did not allow for exceptions. The relativity of contractual bond provided under art. 973 Civ. c. shall however create both integrating mechanisms and contain mitigations of the principle by virtue of principles of commutative justice and juridical security. In the quasi-majority of legislations there are a series of situations when a contract may produce effects versus thirds, for an example the stipulation for another in the French civil Code, Civil Code of Quebec Province and Civil Code of Louisiana State.

The new Romanian Civil Code reformulates the principles into affirmative draft in art. 1.280 that only maintains limitation of mandatory effects versus parties and even if no reference is explicitly made to thirds the collocation „unless otherwise provided by law” may however result by deduction in that a contract may under certain circumstances produce effects versus thirds too.