Calificarea contractului. O propunere de metodologie

Rezumat

The first interaction with a contract begins with the operation of seeking to classify it, in order to establish the applicable legal regime. The institution analysed in this study enjoys a high degree of attention in the literature. The novelty element of this approach consists in proposing a methodology that can be used in order to classify the contract. After exposing a series of theoretical considerations regarding the analysed notion and its role, we proceeded to the presentation of the methodology which we propose and of its steps. Hence, in order to classify the contract, it is first necessary to interpret the convention in order to identify the obligations assumed by the parties. Then, it is necessary to delimit the main obligations from the accessory ones, presenting in our study the criteria that we deem applicable for this purpose. Afterwards, it is necessary to compare the main obligations identified with the main obligations that are specific to the nominated contracts, in order to see whether an identity relation can be found or not.