INCIDENȚA PRINCIPIULUI SECURITĂȚII JURIDICE ÎN CAZURILE DE NULITATE A CONTRACTELOR ÎN LUMINA CODULUI CIVIL ACTUAL ROMÂN

The principle of legal contractual certainty, as regards its component the „sustainability and efficiency of the contract”, is a fundamental principle of the contract law, which emphasizes the need to maintain the contract in the cases of partial nullity and which is dealt with under a double dimension: a quantitative one and a qualitative one. The quantitative dimension concerns the „continuity of the convention” in time and is manifested by a soft and extended duration. The qualitative dimension concerns also the context, i.e. the capacity of the contract to overcome the obstacles which the economic and social events can raise, arisen during performance of the contract. The study is focused on the applicability of the principle of contractual legal certainty both in terms of interpretation, as well as of validity and performance of the contract, with references also to the provisions from the draft European contract law, an action initiated by the European Commission.