The Prejudice and the Imprevision - Situations that Cause a Contractual Imbalance
The Prejudice and the Imprevision - Situations that Cause a Contractual Imbalance
Author(s): Adina FoltişSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: prejudice; imprevision; obligation; contract
Summary/Abstract: The prejudice and imprevision are two situations that cause a contractual imbalance. Although in the case of both institutions of civil law there is a clear disproportion between the parties' services, the disparities among these are the ones that determine their existence as autonomous institutions regulated distinctly by the Civil Code, the prejudice being considered a vice of consent, while imprevision is appreciated as an exception from the principle of binding force of a contract, which has as its basis the principle of good faith and fairness.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 2015
- Issue No: 1
- Page Range: 147-154
- Page Count: 8