NEW REGULATIONS CONCERNING THE CONTRACTUAL RISK IN INTERNAL LEGAL CIRCUIT
NEW REGULATIONS CONCERNING THE CONTRACTUAL RISK IN INTERNAL LEGAL CIRCUIT

Summary/Abstract: The failure in complying civil contract due to the will of the parties above trips, carrying the question of risk only if the obligations of result (a quantity of freight transportation to the destination specified, performing work, gathering a harvest, manufacture products, etc.) and not for the obligations of means (or diligent caution) because the latter require the debtor only correct behavior, which if followed, his performance. Fortuitous event dependent on the idea of risk can lead to total or partial obstruction, permanent or temporary duty performance, may cause damage or even total destruction of property, the material object of the obligation. The new Civil Code provisions relating to the effects of the new contract offer innovative solutions, such as: relocation translative risk in contracts with the delivery of the asset ownership, express rules for hardship and unilateral termination as a way of stopping any kind of contract concluded for an indefinite term.

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