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ANALYSIS OF LEGAL REGULATION OF CONTRACTUAL OBLIGATIONS IN THE CIVIL LAW SYSTEM
Astra Salvensis ; 2022(1):169-182, 2022.
Article in English | Scopus | ID: covidwho-1929387
ABSTRACT
Contractual obligations are the most common type of obligation. They arise on the basis of the concluded contract and their conditions are defined both by the law, and the agreement of the parties. At the same time, in the modern world, there is a dynamic increase in the value of contractual obligations, which necessitates in-depth study of them. In addition, the analysis of the possible legal consequences of the COVID- 19 pandemic on contractual obligations is relevant within this topic. The purpose of the study is to analyse the legal regulation of contractual obligations in the civil law system, as well as to identify gaps in legislation and possible ways to improve it in this area. During the writing of the article the author used general scientific methods of cognition analysis, synthesis, inductive and deductive methods, analogy, comparison, dialectical logic and systems approach. In addition, special methods were used in the work formal-legal, formal-logical, historical-legal, method of comparative legal research. In particular, the application of the comparative law method has contributed to a comprehensive study of contractual obligations in civil law in comparison with different countries. The historical-legal method has contributed to the study of the evolution of research in the field of contractual obligations in civil law, beginning with research conducted during the Roman Empire. The formal-legal method helped to reveal the peculiarities of the provisions of regulations on contractual obligations. The article is devoted to the theoretical development of contractual obligations in the system of civil law. In addition, international and European experience in the development of contractual obligations has been studied. The author also focuses on the analysis of COVID-19 as a circumstance that prevents the performance of the contract and releases the parties from liability, in particular, examines in detail whether COVID-19 can be considered a force majeure. © 2022 Transilvanian Association for the Literarure and Culture of Romanian People (ASTRA). All rights reserved.
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Collection: Databases of international organizations Database: Scopus Language: English Journal: Astra Salvensis Year: 2022 Document Type: Article

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Collection: Databases of international organizations Database: Scopus Language: English Journal: Astra Salvensis Year: 2022 Document Type: Article