Open AccessTHE SUPPLY CONTRACT: A SIMPLE SALE OF GOOD?
Author(s) -
Georgeta Cretu,
Camelia Spasici
Publication year - 2020
Publication title -
jurnalul de studii juridice
Language(s) - English
Resource type - Journals
eISSN - 2067-8509
pISSN - 1841-6195
DOI - 10.18662/jls/15.3-4/74
Subject(s) - business , contract management , exclusion clause , position (finance) , simple (philosophy) , civil code , frustration of purpose , object (grammar) , production (economics) , privity of contract , law and economics , law , economics , computer science , finance , political science , microeconomics , marketing , philosophy , epistemology , artificial intelligence
This paper aims to address two objectives: in general, to briefly outline the particularities of the supply contract and, in particular, to distinguish its position among the special civil law contracts. The supply contract is a new production of the Civil Code (art. 1166-1771). In this respect it is important to differentiate the supply contract from the other two civil law contract, namely the sale contract and the subcontracting agreement. By defining the contract we aim at establishing its legal nature, particularly that of an independent (distinct) agreement. This paper is structured as follows: “Introduction”; “The Supply Contract. Definition, Object and Legal Characteristics”; “The Parties’ Obligations According to the Supply Contract”; “Modifications of the Legal Supply Relationships. Subcontracting.”; “Supplying: an Independent (distinct) Contract or a Different Form of Sale?” This legal undertaking ends with a lege ferenda and conclusions.