OPINII PRIVIND REGLEMENTAREA LOGODNEI ÎN CODUL CIVIL ROMÂN

Considered by the authors of the Civil Code of 2009 a „traditional reality in Romania”, currently the engagement has become a „legal reality”, being regulated by Articles 266–270 of the Civil Code. Without „applauding” or „disavowing” the appearance of this unusual legal institution, we find that the reactions of the specialised literature have remained at their „first steps”. However, they are mostly marked by theses from the French doctrine as well, provided that, paradoxically, the French Civil Code, even if it defines the engagement (Article 515–8), does not devote to it other legal rules as well. Wishing to be a contribution to the „continuing effort of interpretation”, this study is based, primarily, on the logical and legal, systematic and systemic analysis of the provisions of Articles 266–270 of the Civil Code.