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Hardship in the Regulation of the Romanian Civil Cod

Author

Listed:
  • Dionise Afloroaei

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

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.

Suggested Citation

  • Dionise Afloroaei, 2020. "Hardship in the Regulation of the Romanian Civil Cod," Anuarul Universitatii „Petre Andrei” din Iasi / Year-Book „Petre Andrei” University from Iasi, Fascicula: Drept, Stiinte Economice, Stiinte Politice / Fascicle: Law, Economic Sciences, Political Scien, Editura Lumen, Department of Economics, vol. 26, pages 01-22, December.
    • Handle: RePEc:lum:rev11d:v:26:y:2020:i::p:01-22
    DOI: https://doi.org/10.18662/upalaw/45
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    References listed on IDEAS

    as
    1. Vasile LUHA, 2020. "Teoria generala a obligatiilor. Curs universitar - General theory of obligations. University course (Romanian Version)," Books of Law, Editura Lumen, Department of Economics, edition 1, volume 1, number 49, October.
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      More about this item

      Keywords

      contract; obligation; solidarity; hardship; renegotiation; adaptation;
      All these keywords.

      JEL classification:

      • K1 - Law and Economics - - Basic Areas of Law
      • K2 - Law and Economics - - Regulation and Business Law
      • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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