LÉSION DANS LE RÈGLEMENT DU NOUVEAU CODE CIVIL
INJURY IN THE REGULATION OF THE NEW CIVIL CODE

Summary/Abstract: Why not agree upon a contract based on imbalanced services: because the party benefiting from an excessive service unlawfully exploited the precarious situation of the other party as a result of whom came to accept an unfair contract, or because contractual equilibrium must be an essential characteristic of each and every contract with clearly established services? Which of the two reasons mentioned above is more important in terms of current contractual discipline? These are two questions which, irrespective of the answers, will involve an important matter of choice, in relation to which it will be possible to correctly assess the solutions proposed by the new Romanian Civil Code, as well as by the main drafts on European codification of contract law. The present study upholds the idea of imbalanced services only if it constitutes rather a repair for a contractual problem, if it is oriented towards the legitimate interests of the most vulnerable party of that contract and less interested in punishing the guilty conduct of the person who has benefited from an excessive service. As a consequence, we support the objective perspective in what imbalanced services are concerned, a reason for which we will be making a few comments on some of the new legal provisions, by referring to the main drafts on the European codification of contract law, and stating later on a few de lege ferenda proposals, in terms of contracts based on imbalanced services

• Details
• Contents