NEEXECUTAREA CONTRACTULUI ÎN DREPTUL GERMAN

Abstract

The German Civil Code of 1900 played a special part in the history of the civil law of continental Europe, standing as a model for the lawmakers of many countries. The German civil and commercial laws are of a particular interest to Moldovan lawyers for the following reasons: (1) the Civil Code of Republic of Moldova has adopted many of the concepts from the German civil law, in general, and from the obligation law in particular; and (2) our country strives for the strengthening and diversification of economic relationships with the EU countries, including Germany. The German obligation law sets an efficient and well-balanced mechanism for the protection of interests of both parties to the contract by offering them, in the event of litigations, a system of efficient remedies and guarantees for preserving and continuing the contractual relationship. The present article is focused on the system of remedies and guarantees granted in case of non-execution of the contract.