CURRENT LEGAL ISSUES IN CIVIL MATTERS - THE THEORY OF IMPREVISION

Authors

  • Elena TUDURACHI University Petre Andrei

Keywords:

imprevision, exception to pacta sunt servanda, the principle of good faith and equity

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.

References

Anton, G., (2000) Teoria impreviziunii in dreptul roman si in dreptul comparat (The theory of imprevision in the Romanian law and the comparative law), in the magazine Dreptul (The Law) no.7/2000.

Boroi, G., Stanciulescu, L., (2003) Drept civil (Civil Law). Second Edition, All Beck Publishing House.

Zamsa, C.E., (2006) Teoria impreviziunii. Studiu de doctrin si jurisprudenta (The theory of imprevision. A study of doctrine and case-law), Hamangiu Publishing House.

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Published

2018-01-23

How to Cite

TUDURACHI, E. (2018). CURRENT LEGAL ISSUES IN CIVIL MATTERS - THE THEORY OF IMPREVISION. Jurnalul De Studii Juridice, 6(3-4). Retrieved from https://www.lumenpublishing.com/journals/index.php/jls/article/view/346

Issue

Vol. 6 No. 3-4 (2011): Jurnalul de Studii Juridice

Section

Articles