THE THEORY OF IMPREVISION (English version)

Elena Tudurachi
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Elena Tudurachi: Faculty of Law, University ‘ Petre Andrei ’ from Iasi, lawyer in Iasi Bar, authorized mediator

Jurnalul de Studii Juridice, 2011, vol. 3-4, 181-191

Abstract: The theory of imprevision represents the answer given by the doctrine and the case-law concerning the fate of the performance of the contract, therefore of having its essential effect desired by both parties in the context of the appearance of such situations, the theory being approached by authors in monographic studies due to the economic context brought about by the passage from the hyper-centralised etatised economy to an economy which is based on demand and supply. The study aims at analysing the fact that the judicial intervention in a contract affected by imprevision is only apparently against the Article 969 from the Civil Code, in fact, we witness the present tendency of safeguarding the lawful relation between the contracting parties by maintaining its existence taking into account the adaptation to new circumstances.

Keywords: imprevision; exception to pacta sunt servanda; the principle of good faith and equity (search for similar items in EconPapers)
JEL-codes: A23 K10 (search for similar items in EconPapers)
Date: 2011
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:3-4:y:2011:i::p:181-191

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