EIRP Proceedings, Vol 6 (2011)

Abstract

The drafters of the Romanian Civil Code at 1864 supressed the last part of the corresponding
article of French Civil Code (art. 1165) so that the appearance was created of a rigid principle that did not
allow for exceptions. The relativity of contractual bond provided under art. 973 Civ. c. shall however create
both integrating mechanisms and contain mitigations of the principle by virtue of principles of commutative
justice and juridical security. In the quasi-majority of legislations there are a series of situations when a
contract may produce effects versus thirds, for an example the stipulation for another in the French civil
Code, Civil Code of Quebec Province and Civil Code of Louisiana State. The new Romanian Civil Code
reformulates the principles into affirmative draft in art. 1.280 that only maintains limitation of mandatory
effects versus parties and even if no reference is explicitly made to thirds the collocation „unless otherwise
provided by law” may however result by deduction in that a contract may under certain circumstances
produce effects versus thirds too.