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    STUDIA IURISPRUDENTIA - Issue no. 1 / 2008  
         
  Article:   STUDIES: AN OUTLINE ON THE EXECUTION OF THE OBLIGATIONS OF FACERE AND NON FACERE / APERÇU SUR L’EXÉCUTION DES OBLIGATIONS DE FACERE ET DE NON FACERE.

Authors:  DELIA ROPAN .
 
       
         
  Abstract:  This study is dedicated to the analysis of the non performance of certain types of obligations, named obligations to do (facere) and not to do (non facere), with a very important accent on the specific case of the preliminary contracts. The presentation is comparative, trying to reveal the most important principles in various juridical systems, national and international, with the intention to show the similarities and the differences, while underlining in a critical manner the solutions of the Romanian law. Without attempting to exhaust the topic, the main idea is the argumentative introduction of the two theories - one which accepts the possibility of forcing the debtor to be carried out if he refuse the voluntary execution and the other which is opposed to it, with the principal objective to make a plea for the reconsideration of the interpretation of the art. 1142 C. civ. Of French civil code.  
         
     
         
         
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