(1) The debtor is not liable for loss suffered by the creditor to the extent that the creditor could have reduced the loss by taking reasonable steps. (2) The creditor is entitled to recover any expenses reasonably incurred in attempting to reduce the loss. Annotation: Origin of the rule: art. III. – 3:705 DCFR
-
Article 901. Creditor’s remedies for non-performance of obligation
(1) Where the debtor fails to perform its obligation without an excuse, the creditor may, under the law and, as the case may be, under the contract, at its option: a) claim specific enforcement of the obligation; b) suspend the performance of the reciprocal obligation;…
-
Article 319. Juridical act concluded using electronic means
(1) In case if a juridical act is concluded using any electronic means, and the person did not conclude it using an electronic signature as provided in Article 318 (3), the consent of such person is presumed until it denies it gave consent. (2) A…
-
Article 1101. Factoring influencing the interpretation of a contract
Upon interpretation of a contract due consideration will be had of its nature, the circumstances in which it was concluded, the interpretation given to it by the parties or that may be derived from their conduct before and after the conclusion of the contract, as…
-
Article 1029. Offer
(1) An offer to contract is a proposal, addressed to one or several person, which contains all essential terms of the future contract and which reflects the intent of the offeror to be bound by the acceptance of the offer. (2) An offer has effect…
-
Article 1027. Agreement on essential terms of the contract
(1) A contract is concluded if the parties reached an agreement on all its essential terms. (2) Essential terms are the terms required as such by law, the terms stemming from the nature of the contract or the terms in respect of which the parties…
-
Article 312. Consent
(1) Consent is an expression of intent of a person to enter into a juridical act. (2) Consent if valid if it comes from a person with judgment, is expressed with the intent to have legal effect and is not defective. (3) Intent to have…
-
Article 2012. Event beyond control
A person is not liable if loss is caused by an abnormal event which cannot be averted by any reasonable measure and which is not to be regarded as that person’s risk. Origin: Art. VI. – 5:302 DCFR
-
Articole 476. Objects of Intellectual Property
(1) Àn object of intellectual property is any result of intellectual property, confirmed and protected by corresponding usage rights. (2) Objects of intellectual property are of two types: a) objects of industrial property (inventions, plant varieties, topographies of integrated circuits, trademarks, industrial designs, geographical indications,…
-
Article 993. Freedom of contract
(1) Anyone may choose its contracting party freely unless the law provides otherwise. (2) Contracting parties may, subject to mandatory legal provisions, freely enter into contracts and establish their contents. (3) Unless the contrary is provided for under sanction of nullity, the contracting parties may,…