Hardship in the regulation of the Romanian Civil Code Cover Image

Hardship in the regulation of the Romanian Civil Code
Hardship in the regulation of the Romanian Civil Code

Author(s): Dionisie Afloroaei
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: contract;obligation;solidarity;hardship;renegotiation;adaptation;

Summary/Abstract: The Romanian Civil Code attenuates the principle of binding force of conventions, by regulating contingency, a source of economic imbalance between the services of the parties, which occurs during their execution. The exceptional situation in which the debtor finds himself influences the contractual ensemble, the parties being obliged to renegotiate, in order to adapt the legal relationship to the new circumstances. In the absence of a result, everything will depend on the judge, whose task is is to impose the contractual justice by rightfully dispensing the results of the new factual situation in which the parties find themselves.

  • Issue Year: 2020
  • Issue No: 26
  • Page Range: 01-22
  • Page Count: 22
  • Language: English, Romanian