Principle of progressive (gradual) use of contractual remedies

Bazil Oglinda ()
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Bazil Oglinda: Bucharest University of Economic Studies, Law Department

Juridical Tribune - Review of Comparative and International Law, 2014, vol. 4, issue 2, 226-239

Abstract: In this study, we intend to answer to the question whether, in the modern contract law, in general, and in Romanian contract law, in particular, the creditor may resort almost discretionary to remedies (contractual sanctions such as termination, rescission) without being opposed that he should have resorted to other more appropriate remedies. In order to answer to this question, we find it extremely useful to define the term of contractual remedy and to analyse the correlation of this principle with other principles of modern contract law. Also, last but not least, we intend to define the principle of progressive (gradual) use of the contractual remedies and to detail the vocation (legal nature) of this principle in the modern contract law, having as starting point the provisions of the new Romanian Civil Code.

Keywords: principle of progressive (gradual) use of the contractual remedies; modern contract law; contractual remedy; new Romanian Civil Code. (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2014
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:4:y:2014:i:2:p:226-239

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