On the nullity of contract and the notion of unwritten clause under the new Romanian civil code

Abstract

The new Civil Code contains a more detailed regulation of the legal regime of the invalidity of the contract. Alongside with the classical partial invalidity of the contract, the new Civil Code refers in many instances to clauses deemed unwritten. The lack of a precise regulation of the regime of these clauses opens the possibility for several qualifications, from a simple form of invalidity to a distinctive institution. The present paper has the purpose to offer, based on the analysis of the legal texts and settled juridical situations, functional solutions to the legal regime of the clauses deemed unwritten as well as to certain particular aspects of the legal regime of the invalidity.