Relative effect and mandatory power of the subsequent agreements, of interpretation of the modality of application of the clauses of a contract. The validity of the form agreed by the partie

DREPTUL AFACERILOR

Abstract

The principle of symmetry of form of legal acts, deducted from the provisions of Art. 1.243 of the New Civil Code will not apply in case of subsequent conclusion of private agreements for interpretation and explanation of the clauses of a complex and unusual sale-purchase contact, concluded in authentic form. Since the law does not impose on the interpretative conventions the obligation for authentic form ad validitatem, the sanction of annulment for breach of the form-related conditions may not be held and they consolidate only the equivocal conditions of the initial contract – the sole source of the rights and obligations disputed by the parties to the trial.