文章基本信息

标题：The valid conclusion of the compromise/transaction contract. Special rules
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作者：Georgeta-Bianca SPÎRCHEZ
期刊名称：Juridical Tribune
印刷版ISSN：2247-7195
电子版ISSN：2248-0382
出版年度：2014
卷号：4
期号：2
页码：167
出版社：Law Department of the Bucharest University of Economic Studies
摘要：In this paper we aimed to examine the legal mechanisms that ensure the protection of the parties within this form of private justice-that of compromise conclusion. For a systematic approach of this subject, we reported, first of all, to the general rules governing, in terms of validity, the conclusion of conventions, but mostly we leaned on the particular aspects relating to this specific contract. In order to respond to the main objectives, we reviewed the legal requirements in force and the way the case law interpreted them and also the relevant arguments brought by the doctrine. The research methodology took into account elements of comparative law; we followed, in this respect, the French regulatory model and the Anglo-Saxon common law which is favorable to the conclusion of this type of contract.
关键词：compromise (contract); validity conditions; settlement over a void or cancelable document; settlement based on false documents