Hardship. Comparative Law Cover Image

Hardship. Comparative Law
Hardship. Comparative Law

Author(s): Gabriel Tiţa-Nicolescu
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: principle of binding effects of contracts; exceptions from principle of the binding effects of contract; hardship; excessively onerous obligations; contract renegotiation;

Summary/Abstract: The new Civil Code brings important innovations with regard to the effects of a contract, as some of them are regulated for the first time in our legislation, such as the doctrine of hardship or unilateral termination of a contract. Below we will deal with one of these exceptions from the principle of a relative contract by referring to the sources of comparative law and highlighting especially the unusual aspects that are worth special attention in legal literature; certainly, we expect that the case-law have a decisive contribution to the clarification of the aspects in question by the resolutions to be passed.

  • Issue Year: 11/2018
  • Issue No: 2-Suppl
  • Page Range: 209-219
  • Page Count: 11
  • Language: English