The valid conclusion of the compromise/transaction contract. Special rules

Spîrchez, Georgeta-Bianca

The valid conclusion of the compromise/transaction contract. Special rules

Georgeta-Bianca Spîrchez ()
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Georgeta-Bianca Spîrchez: Faculty of Law and Administrative Sciences, University of Craiova

Juridical Tribune - Review of Comparative and International Law, 2012, vol. 2, issue 2, 166-180

Abstract: In this paper we aimed to examine the legal mechanisms that ensure the protection of the parties within this form of private justice-that of compromise conclusion. For a systematic approach of this subject, we reported, first of all, to the general rules governing, in terms of validity, the conclusion of conventions, but mostly we leaned on the particular aspects relating to this specific contract. In order to respond to the main objectives, we reviewed the legal requirements in force and the way the case law interpreted them and also the relevant arguments brought by the doctrine. The research methodology took into account elements of comparative law; we followed, in this respect, the French regulatory model and the Anglo-Saxon common law which is favorable to the conclusion of this type of contract.

Keywords: compromise (contract); validity conditions; settlement over a void or cancelable document; settlement based on false documents (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:2:y:2012:i:2:p:166-180

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