Contractual Clauses on Non-Sanctionatory („Self-Authorized”) Termination or Withdrawal in the Romanian Civil Law System
DOI:
https://doi.org/10.47745/ERJOG.2023.04.03Keywords:
unilateral withdrawal, unilateral termination, Romanian civil law, Hungarian civil law, terminological differences, social justice, tenant protectionAbstract
The article examines the regulation of contract termination in Romanian civil law, with a particular focus on unilateral non-sanctionatory rights of withdrawal and termination. The study analyzes the terminological differences between the Romanian and Hungarian legal systems and the order of various legal institutions that result in contract termination. It highlights when the legislature creates unilateral withdrawal and termination rights to uphold principles of social justice, and when such rights are established by the parties themselves in the spirit of contractual freedom.
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