The classification of the civil contracts from the new civil code

• Author: Petru Tarchila
• Position: University, Arad - Romania
• Pages: 223-229

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2013), pp. 223-229

223

THE CLASSIFICATION OF THE CIVIL CONTRACTS FROM THE

NEW CIVIL CODE

P. Tarchila

Petru Tarchila

Faculty of Humanities and Social Sciences

“Aurel Vlaicu” University, Arad, Romania

*Correspondence: Petru Tarchila, 2 Elena Drgoi St., 310330, Arad, Romania

Abstract

In this paper ,we are debating the problem of the relationship between the civil juristic

document and the contract .The civil juristic document was defined as ... „a manifestation of

will with the intention of producing juristic effects, meaning the birth, change and cancel of

an concrete civil juristic relation” or … “the manifestation of will occurred for the

realization of juristic effects materialized in the creation, the change, the transfer or the

canceling of an concrete civil juristic relation” ( Art.1166 C.civ.).

The contract was defined

1

in the doctrine as the agreement of a will between two or

more persons for the purpose of producing juristic effects, in other words giving birth,

changing, transferring or canceling juristic relations. The contract is the main form of the

juristic act, and the new civil code made the classification from more points of view

(art.1171-1177) in synallagmatic and unilateral contracts, contracts with onerous title and

contracts with costless title, contracts with immediate or successive fulfillment, named or no-

named contracts, consensual, solemn and real contracts, etc.

Keywords: the synallagmatic and unilateral contracts, contracts with onerous title

and contracts with costless title, contracts with immediate or successive fulfillment ,named or

no-named contracts, consensual, solemn and real contracts.

Introduction

The contracts can be classified from more points of view. Each one of the

classifications made by the doctrine has a theoretical and practical interest. Most frequently,

the classification of a contract included in a certain category obligates the contract to

produce certain juristic consequences that are different from the ones that are created by the

contracts that belong to other categories.

The new civil code regulates deliberately some of them, for example: sale and

purchase, location, society, mandate, bailment, transaction etc. As we will see some

classifications of the contracts are enumerated in the texts of code (art. 1171-1177), other

classifications are the result of the juristic doctrine activity.

I. The civil juristic document was defined as „a manifestation of will with the

intention of producing juristic effects, meaning the birth, change and cancel of an concrete

civil juristic relation” or “the manifestation of will occurred for the realization of juristic

effects materialized in the creation, the change, the transfer or the canceling of an concrete

civil juristic relation” (Art.1166 C.civ.).

1

See art.1166 from the New civil code