The Theory of Unpredictability ”Non Haecin Foedera Veni”

Abstract

The present paper presents the institution of unpredictability, one with a great impact within the actual economic context, introduced by the 2011 Romanian Civil Code. Before the coming into force of the present Civil Code, there was no general regulation within this area as the previous regulations contained only a few particular ways of applying this theory. The need to regulate this theory was generated by the fact that, while a contract is in effect, the circumstances that existed when the parties concluded it, could suffer substantial changes and, as a result, it needs to be adjusted. The regulation of this institution should be regarded as a step forward, not an impediment, both theoretical and practical in its application by the court. It is without a doubt in the context of the economic crisis, this institution had to find its legislative consecration.