New articles in the Romanian Journal of Private Law

Faculty of Law professors have published new articles in the Romanian Journal of Private Law (Revista Română de Drept Privat), Issue No. 1/2026.

Thus, Senior Lecturer Mihai David authored an article titled Some Re-evaluations Regarding the Significance of the Legal Commitment Undertaken by a Party through Consent, with the following abstract:

“The following study aims to highlight the risk of oversimplifying or schematizing our perception of the contract formation process. We will attempt to demonstrate that—even in the absence of preliminary contracts—the progression from free will to consent does not invariably boil down to the omnipresent offer meeting an equally ubiquitous acceptance. We therefore propose a critical analysis of the detrimental tendency to equate consent, on the one hand, with agreement on the contractual content, on the other. Along these lines, we will address the temptation to equate consent with the act of signing the document that sets out the terms of the intended contract. Last but not least, we wish to examine common assumptions, such as the idea that agreement on essential elements is both necessary and sufficient for concluding a contract. What is the rationale behind such a statement? What happens if disagreement persists regarding elements that are less… essential? Will these invariably be left to potential post-contractual negotiations? All the observations made will also serve to question the apparent novelty of contracts concluded via electronic devices and computers.”

The same issue of the journal also features an article by the Dean of the Faculty of Law, Associate Professor Șerban Diaconescu, on the topic The Juxtaposition of Sanctions: Nullity versus Unenforceability – A Case Study.