reziliere

Reziliere is a legal term used in Romanian law to describe the termination of a contract before its term or upon fulfillment of its objective. It covers unilateral termination by one party, termination by mutual agreement, and termination by operation of law due to breach, impossibility, or other prescribed causes. The word is derived from the French résiliation.

Forms and mechanisms. Rezilierea de comun acord occurs when all parties consent to end the contract and agree on the terms, including any restitution of benefits. Rezilierea unilaterală is initiated by one party and may require notice within a specified period; its admissibility and consequences depend on the contract terms and applicable law. Termination for fault (reziliere pentru cauză) arises when one party breaches material obligations, while termination for impossibility or supervening illegality may also terminate the contract. Some contracts include explicit clauses that govern resiliation, including penalties or liquidated damages for early termination.

Procedural aspects. In many contracts, termination must be effected in writing and within prescribed notice periods. Certain types of agreements, such as leases or employment contracts, may be subject to special formalities or statutory rules. Even in unilateral terminations, a party may be liable for damages if termination is unlawful or abusive.

Consequences. Rezilierea releases future performance obligations, with potential restitution of benefits received and possible damages for non-performance. The precise effects depend on the contract, the reason for termination, and any applicable penalties or compensations.

See also: contract termination, breach of contract, notice of termination.