The civil contract in Romania is concluded by agreement of the parties, being mandatory to respect the substantive and formal conditions imposed by the Romanian civil code. These legal provisions establish that any contract concluded in violation of the conditions required by law for its valid conclusion attracts the nullity of a contract, either absolute nullity in Romania or relative nullity in Romania, depending on the condition that has not been met. This article will highlight the causes that determine the contract cancellation in Romania, the compensation of the civil damages in Romania, analyzing the aspects that result, in general, a in a legal dispute in Romania. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a litigation lawyer specialized in civil law, contract cancellation, dispute resolution, contractual disputes and civil disputes in Romania that can assist and represent you in case you seek compensation for the civil damages in Romania caused by the non-compliance with the conditions provided by the Romanian civil code so that the civil contract in Romania is validly concluded.
The nullity of a contract is that civil sanction that produces retroactive effects, considering that it has never been concluded. Relative nullity in Romania may occur regardless the contracting parties, whether companies, in a business litigation in Romania or individuals. Moreover, nullity can intervene in any type of contract: civil law contracts in Romania, service contract in Romania, labor contract in Romania, commercial contracts, employment contracts in Romania and any other contracts that have been concluded with non-compliance with the provisions of the Romanian civil code regarding its valid conclusion. Relative nullity in Romania sanctions the violation of those legal provisions that protect a particular interest.
A first reason that can determine the relative nullity of the civil contract in Romania is the lack of judgement at the time when the civil contract in Romania is concluded. The High Court of Cassation and Justice established by Decision No 3255/2005 that the lack of judgement does not coincide with the lack of consent, for which absolute nullity in Romania cannot be applied.
Another cause that determines the relative nullity in Romania is the lack of cause. According to the legal provisions of the Romanian civil code, except for the case that entails the contract cancellation in Romania, unless the civil contract in Romania has been wrongly qualified and may produce other legal effects. The lack of cause should not be confused with the effects of the illicit or immoral cause, which determines absolute nullity in Romania.
Our litigation lawyers specializing in civil law, contract cancellation, dispute resolution, contractual disputes and civil disputes have extensive experience, being internationally recognized in the field of civil disputes in Romania, in the practice area relating to actions for contract cancellation in Romania in particularly.
The most common cause that determines the contract cancellation in Romania is the existence of vices of consent, namely error, fraud, violence and lesion. As regards the error as a vice of consent in Romania, it must be essential, in order to be able to request the contract cancellation in Romania if the other party knew or, where appropriate, if, the other party had to know that the fact on which he carried the error was essential for the conclusion of the civil contract in Romania.
Fraud represents an error caused by the fraudulent workings of the other party or when the latter fraudulently omitted, to inform the other party of the circumstances which he ought to disclose to him. The civil contract in Romania is voidable for the fraud whether the error was essential or not.
Violence consists of a justified fear induced without right, used to coerce the party to conclude the civil contract in Romania.
As for the lesion, it exists when one party, taking advantage of the need, lack of experience or lack of knowledge of the other party, stipulates in his or another person’s favour a benefit of a considerably higher value, at the time of conclusion of the contract in Romania (civil law contracts in Romania, service contract in Romania, labor contract in Romania, commercial contracts, employment contracts in Romania), than the value of his or her own benefit. The lesion may also exist when the minor assumes an excessive obligation in relation to his patrimonial state, to the advantages he obtains from the civil contract in Romania or to the whole of the circumstances.
In a legal dispute in Romania, only the person that has an interest can file an action for the contract cancellation in Romania, both by judicial action and by way of exception. The Romanian civil code stipulates that the action for contract cancellation in Romania is prescriptible. The effects of nullity include putting the parties in the situation prior to the conclusion of the civil contract in Romania and repairing the civil damages in Romania. The first step in the pre-litigation phase is to send a contract cancellation letter. If the parties do not come to an agreement, the court can declare the contract cancellation in Romania.
„A lawyer will always recommend an alternative dispute resolution. But, when it comes to court action, a litigation attorney will know how to come up with excellent strategy and tailored advice. Pavel, Mărgărit and Associates Romanian Law Firm is internationally recognized for dispute resolution in Romania, having extensive experience in contract cancellation in Romania. Our lawyers specialized in civil law, contract cancellation, dispute resolution, contractual disputes and civil disputes have assisted many clients in contract cancellation in Romania, recovering the civil damages they have suffered”, said the Managing Partner of Pavel, Mărgărit and Associates Romanian Law Firm, Radu Pavel.
In conclusion, the Romanian civil code provides for several situations in which the contract cancellation in Romania can be requested, such as lack of discernment, lack of cause or existence of vices of consent in Romania. A lawyer specialized in civil law, contract cancellation, dispute resolution, contractual disputes and civil disputes can assist and guide you in a legal dispute in Romania so that you get compensation for the civil damages in Romania and reinstatement in the previous situation. You can contact one of our lawyers by filling in the contact form on our website, https://avocatpavel.ro/contact/.