Hardship in the Regulation of the Romanian Civil Cod

Dionise Afloroaei ()
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Dionise Afloroaei: Lecturer Ph.D., "Petre Andrei" University of Iasi, Romania

Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Sciences, 2020, vol. 26, 01-22

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.

Keywords: contract; obligation; solidarity; hardship; renegotiation; adaptation (search for similar items in EconPapers)
JEL-codes: K1 K2 K4 (search for similar items in EconPapers)
Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev11d:v:26:y:2020:i::p:01-22

DOI: 10.18662/upalaw/45

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