FORȚA OBLIGATORIE A CONTRACTULUI.

One of the most important principles in contractual matters, related to the effects produced towards the contracting parties, is that of its binding force, having its source in the will of the contracting parties, in their autonomy of will, sacralized by the power of law recognized to this will. In the introductory part of the study, it was brought into discussion whether the legal power of the binding force of the contract, enshrined in the current Civil Code, is still up-to-date compared to the realities of our days, when, under the influence of economic, social and globalist phenomena, we are witnessing a limitation of the freedom of will, to its censuring at legal level, to the possibility of the judge to adjust the contract, even beyond the will of the parties. As support for the argument, reference was made to the UNIDROIT principles, to the Principles of the European Contract Law, to the Reference Framework Project, to the Portuguese Civil Code and to that of Quebec, which enshrine the binding force of the contract, without confering it the power of law. The binding force of the contract subsists because the objective law, the legislation, recognizes and grants it, and the private norm, as the law of the parties, which details the binding nature of the contract, must be in accordance with the objective law, without being assimilated with the objective legislation. In outlining the principle of the binding force of the contract, we bent over and brought into discussion the distinction between the obligational nature and the binding nature of the contract, which operates regardless of the obligational or non-obligational content of the contract. The binding nature of the contract, its binding force, acts not only with regard to its content, as it is established by the express or implicit clauses, from its interpretation, from the implied clauses that are part of the contract [Article 1272 (2) of the Civil Code], but also regarding the extended and accepted clauses or the negotiated or common standard clauses, even if, in our opinion, the latter represent a way to supplement the contract. Contractual fidelity is analyzed in this study not only from the perspective of the debtor, bound by the fulfilment of the obligation assumed with the diligence of a good owner, but also from the perspective of the creditor, whose conduct must not make the execution of the contract more difficult. Cooperation seen as a means of achieving the common interest entails the creditor's duty to minimize the damage, in the case of the debtor's abdication from the binding force of the contract. In terms of the binding force of the contract, its modification and cessation are examined in relation to the principle of symmetry and asymmetry, the first having as its basis the agreement of the parties, and the second the contractual clause or the legal provision. In the operation of the mutual cessation of the contract, the study distinguishes between revocation and termination, and in terms of the extent of the effects, between future cessation and retroactivation of the cessation, when the nature of the services allows it. In the approach to unilateral denunciation, of contractual or legal origin with a mutual character, there were discussed the mitigated and derived aspects of the operation of denunciation, with regard to some contracts, the exercise of this potestative right in good faith and the protective features of contract retraction, in the matter of consumer protection. Likewise, the particularities of the forced cessation of the intuitu personae contracts, included among the cases of contract lapsing, were emphasized, and the legislative interventionism in the modification of the contract in various forms of manifestation was explained and justified by the social utilitarianism of contracts. The study emphasizes the restrictive character of the adaptation of the contract as a means of safeguarding it, associated with those effects that come out of the zone of reasonable risk, seriously affecting the contractual balance and calling into question the contractual justice. The adaptation of the contract goes beyond the framework of interpretation of the clauses, sometimes calling into question their modification, whenever it is imposed by the requirement to revive the ratio of proportionality, to ensure the utility and social security of the contract. The paper deals with the problem of adapting the contract in the spirit of the decisions of the Constitutional Court, which transpose the adaptive process of the contract, by identifying the balance point of the benefits, without reducing it to their value threshold and without ignoring the circumstances or the fluctuations that occurred after the conclusion of the contract. [ABSTRACT FROM AUTHOR]