Civil Law nr 1 353-365

An obligation shall consist in that:

• the creditor may demand a performance from the debtor, and the debtor is obliged to provide the performance

• the debtor may demand a performance from the creditor, and the creditor is obliged to provide the performance

• the creditor has to demand a performance from the debtor, and the debtor may provide the performance

The performance may consist in:

• only act

• act or omission

• only omission

The parties to a contract may arrange the legal relationship as they deem proper on the condition that the contents or the purpose of that contract are not contrary to:

• the mores

• the good faith

• the nature of the relationship, with statutory law, and with the principles of community life

The debtor shall be obliged to act with:

• diligence generally required in the relationships of a given kind (due diligence)

• utmost diligence

• mediocre diligence

If a pecuniary receivable debt is due:

• the creditor can refuse to accept the performance from a third party even if the latter acts without the debtor’s knowledge

• the creditor can refuse to accept the performance from a third party even if the latter acts without the debtor’s knowledge

• the creditor cannot refuse to accept the performance from a third party even if the latter acts without the debtor’s knowledge

If the debtor is obliged to release things designated only as to their kind, and the quality of the things is not defined by appropriate provisions or by an act in law nor follows from the circumstances, the debtor shall release things:

• of the highest quality

• of average quality

• of low quality

The provision: "If, following an extraordinary change of circumstances, the performance would be faced with excessive difficulties or threaten one of the parties with substantial loss, which the parties did not foresee when concluding the contract, the court may, after considering the interests of the parties, define the mode of performing the obligations and the degree of the performance, and even decide upon termination of the contract, in accordance with the principles of community life. When terminating the contract the court may, as far as necessary, decide upon a settlement of accounts being guided by the principles specified in the preceding sentence." depicts:

• confidentiality clause

• clausula rebus sic stantibus

• ordinary change in circumstances

If the amount of interest resulting from an act in law exceeds the maximum interest:

• the maximum interest shall be paid

• no interest shall be paid

• the minimum interest shall be paid

The person obliged to pay an indemnity shall be liable only for the normal effects of the act or omission from which the damage resulted. Within the limits specified above, in the absence of a different provision of statutory law or provision in the contract, the redress of the damage shall cover:

• the losses incurred by the injured person as well as the benefits which that person could have obtained had he not suffered the damage

• only the losses incurred by the injured person

• only the benefits which that person could have obtained had he not suffered the damage

If the injured person contributed to the emergence or increase of the damage, the duty to redress it:

• expires

• shall be correspondingly reduced according to the circumstances, and in particular the degree of the fault of both parties

• shall be excessively reduced according to the circumstances, and in particular the degree of the fault of both parties