| Summary: | With the entry into force of the Civil Code in 2009, Romanian private law has crossed the
threshold of a substantial change in the termination of the contract. Traditionally, the resolution of the
contract was seen as an extraordinary event, which could operate only in court, at the request of the
creditor dissatisfied with the breach of contract by his debtor. Over time, the rigor of this rule was
mitigated by the possibility for the parties to issue a conventional resolution admitting in doctrine and
judicial practice, by inserting into the contract the so-called commissioners’ pacts, which produced
effects of different intensity depending on how were drafted. The new regulation adopts a major change
in the legislator’s perspective on the resolution, expressly recognizing at the principle level, in addition
to the option of judicial resolution, the possibility to trigger the resolution and unilaterally, in the
absence of a court decision or a contractual clause specific in this regard. The resolution is not just a
sanction or one of the many legal remedies available to the creditor in response to the non-performance
of the contract. It is not an end in itself (as opposed to the nullity of the contract), but it is a legal
technique, a mechanism, which has many facets. In the Civil Code, the resolution of the contract is
presented together with the termination considering the similarities between the two institutions, which
we can consider decisive and defining points of support for understanding the evolution of contract
theory and execution of obligations in Romanian private law. Although, in appearance, the new
provisions on resolution do not substantially change, a systematic analysis of the provisions on the
performance of contractual obligations leads to another conclusion. For this reason, we have chosen
through this article to focus on identifying the characteristic features of this institution, insisting on the
unique substantive condition necessary for the exercise of the right to terminate the contract.
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