COMPARED ASPECTS ON INJURY AND THE THEORY OF UNPREDICTABILITY IN NEW CIVIL CODE
COMPARED ASPECTS ON INJURY AND THE THEORY OF UNPREDICTABILITY IN NEW CIVIL CODE

Summary/Abstract: This article aims to treat, from a comparative law perspective, the two institututions, newly introduced in Romanian civil legislation,, injury (applied both to minors and for adults) and unpredictability. So, based on changes made in the New Civil Code, we concentrated mainly on the injury, which is not a specific institution of the heritage protection of minors, as operated over 150 years under the rule of the Civil Code of 1864, but it becomes of general application. This means one of the major changes brought by the new law in place, which tells us that there is injury when one party taking advantage of the state of need, of ake of experience or lack of knowledge of the other party, stipulates in its favor or another person a benefit considerably greater value, at its conclusion, than the benefit party. In terms of application, this institution brings some exceptions as random contracts, transaction, and other contracts specifically provided by law. Speaking strictly to the situations where we have injuty- as the vice of consent, the penalties it entails may be: remove or adapt the contract. From this point of view, NCC presents one more institution in which we can talk of adaptation or termination, namely the theory of unpredictability. This is seen as an exception to the principle of binding force of the contract, it is applied when: execution of the contract has become excessively onerous for some; it became manifestly unjust to orderthis to the execution of duty; changing circumstances that determine the first two conditions occurred after the contract; the debtor has not risked changing circumstances and could not reasonably be considered that would have taken this risk. The precondition for submission before the courts of such action being that excessive debtor to be tried within a reasonable time and in good faith, negotiate fair and reasonable adaptation of the contract. Under these aspects, although apparently the results of applying the two institutions seem to be the same, specific mechanisms are considerably different and preconditions for trial they have as an object.

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