Contract Formation Romania

Nicholas S. HammondPartner, Hammond-Partnership

One of the fundamental differences between the common law and the civil code system is the different ways that both legal systems approach contracts, their implementations and the terms and conditions.

Romania being a code law country has a developed contract law contained in the Romanian Commercial Code and the Romanian Commercial Procedure Code. Both codes set out in detail what terms are to be included in a contract and how they are to be interpreted. This means that in many cases lawyers are not consulted in the preparation drafting and completion of complicated agreements. If one of the parties is not from Romania this can lead to difficulties and produce contracts which have effects that the parties did not contemplate.


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