The Court can not add to a contract made between parties

The High Court of Cassation and Justice has ruled that , where a contract covering repair works has not established a deadline for the service completion, any attempt to determine, even by way of court, a term can only be established by defeating the principle of freedom of will of the parties and in violation of the principle of legality. According to this principle, the court is obliged to comply with the law itself, and in this case, the law is stated in art. 969 Civil Code (Art. 1169 NCC), the contract is the law of parties and if the parties have not set a deadline, the court cannot add to the contract between parties. Therefore, the High Court held that if a deadline has not been established, it is not possible to state that the deed was executed with delay. As such, damages cannot be awarded for this reason. (Decision no. 373 of February 1, 2012 marked the appeal of Section II of the Civil High Court of Cassation and Justice covering claims)

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Dan Alexandru NEGRU

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