The proposed article examines the treatment of the order of enforcement of obligations by parties in Romanian law. The order of performance is a key issue in contracts and can influence the rights and responsibilities of the parties involved. According to the Romanian Civil Code, the order of performance of obligations can be determined by agreement of the parties or by applicable legal provisions. Thus, the parties may expressly stipulate in the contract the order in which they are to perform their obligations. If the contract does not provide for such an order, the Civil Code provides general principles and rules for determining the priority of performance of obligations. In practice, compliance with the order of performance of obligations may be essential if one of the parties does not fulfil its contractual responsibilities. If one party fails to perform its obligation in accordance with the established order, the other party may claim non-performance of the contract and seek termination, damages or other remedies available under the law. It is therefore crucial that parties pay particular attention to establishing and respecting the order of performance of obligations in contracts. This will help to avoid disputes and provide a clear and predictable framework for contractual relations. In conclusion, the order of performance of obligations in Romanian law is an important issue in contracts. Both by agreement of the parties and by application of the general rules, the aim is to establish a clear hierarchy of contractual obligations. Compliance with this order can protect the interests of the parties and facilitate the efficient resolution of disputes in the event of non-compliance with the contract.
Fusion of associations and foundations is an institution scarcely ruled by the Romanian legislation, compelling the most of cases the practice to fall back on to legal dispositions regarding the commercial companies, mainly due to the lack of legislation or a clear practice that does not allow ambiguity. In fact, the only regulations regarding these institutions are provided by the art. 33 – 34 index 1 from OG 26/2000 and art. 234 – 239 from the Civil Code, settlements that do not answer to the dynamics of the non-governmental organizations, that weight more and more in the Romanian society. Thereby, it is difficult for us to answer how to transfer the assets and liabilities (on the fusion and split up date or thereafter), at the possibility as that an association fuses with a foundation or that a foundation splits up in many associations, even that by clearance the patrimony of an association may be transferred to a foundation or that of a foundation to an non-profit association. Therefore we consider that a practical approach is compulsory for this subject with regard the completion of legislative lacks in this field, by reporting to juridical norms and the principles of the civil law as well in order to identify the optimal solutions in these cases.
The confidentiality clause and the service secret are two means coming from different branches of law, public and private, but they have the same goal -to protect information, the component of a person's patrimony, which is a more and more important issue in the world we live in. The protections provided by the two ways are different in terms of the gravity of the penalty they may involve and for this reason they may be used with discrimination, proportionally with the importance of the protected object. But in the present conditions when the information is sancta sanctorum, only this responsibility in punishment tends to dim, those interested in providing the protection of information seek for most effective and efficient punishment.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.