Durata de eficacitate şi relevanţa ei în calificarea contractului. Particularităţile contractului de furnizare

Rezumat

Besides the concrete legal effects generated by the contract and regardless of the deliverables themselves to be obtained by the creditor, the moment or the time lapse in which the respective effects shall be generated, respectively the deliverables shall be performed, may be relevant. That is why the time – and the manner in which parties refer to it when contracting – may represent an assessment and classification criterion for the contract. Of course, insofar as parties forecast the generation of the contractual effects at a future further time or for a longer time lapse, the risk becomes higher that the assessment carried out by it upon conclusion of the contract be contradicted by the subsequent evolution of certain realities such as the supposed cost of the performance of the contractual obligations or even the interest of the parties in obtaining the deliverables due to them in virtue of the contract. Consequently, without ignoring the requirement of the determined/determinable object of the contractual obligations, which gives relevance to the binding force of the contract, the possibility recognized to the party/parties to unilaterally arrange the scope of the obligations undertaken may also be relevant. The form of the supply contract is able to provide the beneficiary both the utility specific to the contracts concluded for a longer period of time, and the means of tempering the unforeseen risk of the unexpected in case of contracts with efficiency duration.