2. Articole

Permanent URI for this collectionhttps://msuir.usm.md/handle/123456789/109

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    Dreptul european al contractelor: evoluții recente și situația actuală
    (2021) Băieșu, Aurel
    This paper examines the steps taken in recent years to establish and develop European contract law. The process of harmonizing European contract law takes place in different ways. One way is to draw up and improve the EU acquis, which contains regulations on contracts. Another way is to develop a general theory of contracts, through optional instruments of uniform law, which serve as models for the EU and national legislators. Implicit harmonization of contract law also takes place through the adoption of uniform legal solutions in the process of modernizing civil law in different European countries.
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    Particularităţile clauzei penale ca metodă de evaluare convenţională a prejudiciului cauzat prin neexecutarea contractului comercial internaţional
    (2013) Băieșu, Aurel; Carauș, Cristina
    The contract freedom leads to a wide range of liability related clauses in the international commercial contracts, created in function of the respective economic power and negotiations skills of the parties. Legislators all over the world have made active interventions in the field of this kind of clauses; judges have been found in all jurisdictions to declare liability related clauses unenforceable, on the basis of mandatory provisions of domestic law. In the present article we have analyzed the specific features and the conditions of the validity of the penalty clauses, as a the conventional method of assessing damages caused by breach of the contract, in various legal systems and instruments of uniform law.