Impreviziunea și incidența acesteia asupra contractului, cu referire specială privitoare la contractul de cesiune a unei opere literare, artistice sau științifice
Unforeseeability and its incidence on the contract, with special reference to the assignment contract of a literary, artistic or scientific work
Author(s): Bujorel FloreaSubject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: imprevision; special imprevision; over onerously; copyright transfer agreement; rebus sic stantibus principle; bona fide; failure to execute liabilities.
Summary/Abstract: The relatively recently legal notion of imprevision brought under Romanian regulation by the new Civil code that came into force October 1st, 2011, is expected to be subject of numerous specialized analyses in order to clarify the various aspects that make up its identity, characteristics and effectiveness. Following the purpose described here-above, this study aims especially at conjugating the theory of imprevision with the copyright transfer agreement. The article hereafter contains standpoints and de lege ferenda suggestions in relation to the party entitled to institute the legal proceeding relative based upon the imprevision theory, the criteria to be observed in order to adopt a solid legal settlement in this respect, the contracting parties and the court’s role in interpreting and applying the imprevision theory.
Journal: Revista „Dreptul”
- Issue Year: 2012
- Issue No: 11
- Page Range: 118-129
- Page Count: 12
- Language: Romanian
- Content File-PDF