Facultatea de Drept / Faculty of Law

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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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    Buna-credinţă – principiu fundamental al dreptului civil [Articol]
    (CEP USM, 2020) Băieșu, Sergiu
    The current version of the Civil Code uses the term „good faith” about 100 times. But the choice of this topic was not dictated solely by the fact that the new regulations in the Civil Code pay greater attention to good faith. The term good – faith does not have the same meaning, the Civil Code using it as a principle, but also as a presumption. The doctrine also holds the idea that good faith is both a presumption and a principle of civil law. Some authors argue that good faith is to be analyzed in an objective and subjective sense. In the following, we will be concerned about the principle of good faith in binding law which can rightly be attributed after 1 March 2019 to the basic principles of civil law.