THE IMPREVISION - EXCEPTION TO THE
PRINCIPLE OF BINDING FORCE OF THE LEGAL
ACT
THE IMPREVISION - EXCEPTION TO THE
PRINCIPLE OF BINDING FORCE OF THE LEGAL
ACT
Author(s): Pascu Livia, Amelia Veronica Gheoculescu (Singh)Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: The imprevision - exception to the binding force of the legal act; legislative and practical applicability consecration; The exception of non-performance of the contract and its effects on the binding
Summary/Abstract: The principle of binding force - pactasuntservanta - is that rule of law according to which the legal act legally binding required to the parties, in the case of the contract, or to the part, in the case of the unilateral legal act, exactly as the law. There are times when the effects of the legal act concluded not occur as established parties, at its end, independent of their will, these effects being either smaller or wider, which represent exceptions to the principle pactasuntservanta. An exception to the principle of binding force of the legal act concluded is the review of the effects of the legal act concluded, due to rupture contractual equilibrium following a change in the circumstances contemplated by the parties when the contract beyond their control and which require modification of the original terms in order to restore balance value of benefits.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 10/2017
- Issue No: 1
- Page Range: 800- 807
- Page Count: 8
- Language: English