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Limitarea şi excluderea răspunderii contractuale
Contractual liability limitation and exclusion

Author(s): Adriana Almăşan
Subject(s): Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: unusual clause, notice; liability; external clause; exclusion

Summary/Abstract: Occasion for unclear legal practice, contractual liability was not proper brought under regulation in the Civil Code 1864. The practice before 1989 was poor in terms of unreliability applications because contractual relations had the particularities of the innate society and they lacked creativity and commercial interest, despite the advantages proved by the doctrine, such as stimulating initiative and trade relations, reducing the price of return (by eliminating the cost of the insurance) under the argument that they were disadvantageous for the victims. Postrevolutionary period had seen an evolution of the bargaining power of counterparties with the new start for complex business relationships. Because of the absence of the regulation establishing the conditions to arrange removal of liability, enforcement abuses were felt in contracts of adhesion.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 24-28
  • Page Count: 5
  • Language: Romanian