Curtea de Apel București, Secția a VIII-a contencios administrativ și fiscal, Decizia civilă nr. 4604 din 7 noiembrie 2017 (Studiu de Caz)
Bucharest Court of Appeal, Administrative and Tax Litigations Section, Civil Decision no. 4604 dated 7.11.2017 (Case Law Study)

Summary/Abstract: The importance of the present case arises from the fact that jurisprudence regarding the theory of hardship, an institution which has acquired express legal provision only with the 2009 Civil Code, previously being a doctrinal creation only, is extremely limited. It therefore becomes of major importance, for the correct application of this exception to the pacta sunt servanda principle, that such mechanism of contractual justice to be correctly used by the judicial practice, considering the role of the court which may intervene in the adaptation or termination of a contract.

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