Abordări noi în materia neexecutării obligației

Abstract

In the present article we have analysed the specific features of the concept of non-performance of the obligation and of the system of remedies provided by the modernized Civil Code of the Republic of Moldova. The new regulations establish the same system of legal remedies as in most of the civil codes of the countries of continental Europe, as well as in the instruments of uniform law of obligations - Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980, UNIDROIT principles of international commercial contracts and Draft Common Frame of Reference of the European Union, developed within academic institutions. The new regulations regarding the non-performance of the obligation establish a balanced mechanism for the protection of the interests of both parties of the contract, providing them in the litigious situations a coherent system of efficient remedies. The unitary regulation of the remedies in case of non-performance of the obligation will make easier for the creditor of the unfulfilled obligation to perceive the possibilities offered by the law and allow him to choose the legal instrument that best corresponds to his interests.