THE CONFIDENTIALITY OBLIGATION IN THE NEW ROMANIAN CIVIL CODE[1]

Liviu Titus Paveliu**

Abstract

The current enacted legislation offers a more detailed look into the negotiation phase and the formation of the contract. To this point, the current Civil code has recognized for the first time one of the specific obligations that result from the good faith principle, namely that of the confidentiality of the information exchanged by the parties during negotiations. While confidentiality is not an institution lacking in regard to its occurrence in secondary legislation, the presence of article 1184 Civil code acts as an encompassing text that should apply as a rule in all fields of law where a contract is negotiated

The scope of this paper is to set forth how this new legislation can be put into practice, how it relates to other fields of law and how it was applied through case law. In order to better understand what was the reasoning behind the chosen final form we will present the European influence on the Romanian Civil code in contractual matters.

Keywords: confidentiality, contract law, good faith, precontractual phase

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[1] This paper has been financially supported within the project entitled “Horizon 2020 - Doctoral and Postdoctoral Studies: Promoting the National Interest through Excellence, Competitiveness and Responsibility in the Field of Romanian Fundamental and Applied Economic Research”, contract number POSDRU/159/1.5/S/140106. This project is co-financed by European Social Fund through Sectoral Operational Programme for Human Resources Development 2007-2013. Investing in people!

** Liviu Titus Paveliu is a Ph.D. Candidate at the Academy of Economic Studies, Bucharest, Romania; contact: This e-mail address is being protected from spambots. You need JavaScript enabled to view it .