Uncertainty and Time: the Typology of the Condition in the Romanian Civil Code

Abstract

The study examines the provisions of the Romanian Civil Code concerning the condition, and more specifically the types of condition. The basic question is a technical one pertinent to codification: how detailed should the regulation of condition be in the civil codes, or what exactly should be the rules to be included in the code, and what requirements can be left to the courts to elaborate? By contrasting detailed (e.g. Romanian) and brief (e.g. Hungarian) regulatory approaches, the author concludes that strong arguments can be made in favor of both. The key is to find the blissful medium: short but prescriptive regulation on the necessary issues, guiding the parties' behavior and facilitating judicial decision-making is opportune. The author considers that the ideal is a code which is not too detailed but which is clarified by courts on all the substantive issues relevant to the society.