Hardship. Comparative Law

Authors

  • Gabriel Tita-Nicolescu Transilvania University of Brasov, Romania

Keywords:

principle of binding effects of contracts, exceptions from principle of the binding effects of contract, hardship, excessively onerous obligations, contract renegotiation

Abstract

The new Civil Code brings important innovations with regard to the effects of a contract, as some of them are regulated for the first time in our legislation, such as the doctrine of hardship or unilateral termination of a contract. Below we will deal with one of these exceptions from the principle of a relative contract by referring to the sources of comparative law and highlighting especially the unusual aspects that are worth special attention in legal literature; certainly, we expect that the case law has a decisive contribution to the clarification of the aspects in question by the resolutions to be passed.

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Published

2019-02-22