CONTRACTOR AGREEMENT UNDER THE NEW ROMANIAN CIVIL CODE

RRSS 2021 No. 21 - Romanian Review of Social Sciences

1. Authors:
     • Dan Velicu

2. Keywords: commercial contract, contractor agreement, contractor obligations, client`s obligations, risks.

3. Abstract:
    Traditionally, the contractor agreement was considered a variety of the leasing contract. If in the case of the lease contract the owner transferred the right to use a good for a certain period of time and the tenant undertook to pay a rent calculated according to the period of use of the property in the case of the contractor agreement, he undertakes to make his work available to the client for a period of time so that at a certain point the work requested by the client is completed. At first glance the two contracts seemed to have a similar structure and mechanisms. In both cases, the client pays a sum of money. While in the case of the lease the lessor cedes the use of a good in the second case the contractor cedes his work. Nowadays, such a vision is found in the regulation provided by the Napoleonic civil code which was strongly influenced by the principles of Roman civil law. Thus, the chapter entitled ”Du louage d'ouvrage et d'industrie” is placed in the section entitled ”Du contrat de louage” which mainly regulates the types of rent. The Napoleonic civil code does not regulate very clearly the figure of the entrepreneur either. Also, the same regulation confuses the contractor contract with the employment contract for which it establishes some specific rules although the latter is a contract with a clearly distinct profile. The Italian Civil Code of 1942 went beyond this anachronistic vision and regulated the contractor contract as any contract with its own autonomy. The new Romanian civil code has largely taken over the provisions of the\r\n\r\n Italian code, considering similarly the contract as distinct from the lease agreement. This study aims to\r\n\r\n study the regulation offered by the Romanian civil code entered into force in 2011 in order to observe\r\n\r\n similarity with the Italian civil code and the principles underlying the regulation.\r\n

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