EIRP Proceedings (May 2011)
The Mandatory Force of the Contract in Relation with the Thirds. Positive Consecration in Comparative Law and in the New Romanian Civil Code
Abstract
The drafters of the Romanian Civil Code at 1864 supressed the last part of the correspondingarticle of French Civil Code (art. 1165) so that the appearance was created of a rigid principle that did notallow for exceptions. The relativity of contractual bond provided under art. 973 Civ. c. shall however createboth integrating mechanisms and contain mitigations of the principle by virtue of principles of commutativejustice and juridical security. In the quasi-majority of legislations there are a series of situations when acontract may produce effects versus thirds, for an example the stipulation for another in the French civilCode, Civil Code of Quebec Province and Civil Code of Louisiana State. The new Romanian Civil Codereformulates the principles into affirmative draft in art. 1.280 that only maintains limitation of mandatoryeffects versus parties and even if no reference is explicitly made to thirds the collocation „unless otherwiseprovided by law” may however result by deduction in that a contract may under certain circumstancesproduce effects versus thirds too.
