Comparative Study of the Duty to Renegotiate Contracts Due to Excessive Onerousness in Romanian and Brazilian Civil Law
Comparative Study of the Duty to Renegotiate Contracts Due to Excessive Onerousness in Romanian and Brazilian Civil Law

Summary/Abstract: This study compares the application of contractual renegotiation as a remedy to resolve the excessive onerous nature of a contract, considering the contractual legal standards provided for in the Romanian and Brazilian Civil Codes. The research analyses contractual renegotiation, its application, and importance in maintaining the contractual relationship based on the parties' initiative, autonomy, and judgment of convenience. The research shows that the parties initially promoted contract review in Romania, with the Judiciary only intervening when the renegotiation is frustrated. This legal regime preserves and enhances the role of the parties in satisfying their interests. In Brazil, on the other hand, the proposals to reform the Civil Code initiated in 2023 did not value renegotiation as a remedy against excessive onerousness and in favour of maintaining the contractual relationship. On the contrary, the contractual review remains dependent on Judiciary action, reinforcing a historical role of dependence on judicial solutions. As a result of the research, it was found that Romanian Contract Law advances in protecting the freedoms and intentions of the parties, while Brazilian Contract Law, even being reformed, remains dependent on judicial discretion, which, not infrequently, ignores the intention of the parties.

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