Teoria impreviziunii din perspectivă europeană
Hardship theory from a European perspective

Summary/Abstract: The principle of binding force is a fundamental principle that traditionally governs the effects of the contract, finding its justification, depending on the historical era, on different considerations. Currently, regardless of its theoretical basis, this principle is recognized by all the legal systems of the European states. In this context, the question arises as to what the task of judge is - to require the parties to perform the contract literally, regardless of the consequences, so as not to contravene their will, or, on the contrary, to intervene to review the contract when it is clearly unfair and unbalanced.For these reasons as well, in most legislations, there are exceptions to the principle of the binding force of juridical acts, category that also includes the hardship theory. Therefore, the theory of hardship is now recognized by law and applied in a similar manner in all European legal systems, justifying the adaptation of the contract, preferably by renegotiation by the parties, but also as a result of judicial intervention.

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