Theoretical Considerations and Practical Aspects on the Institution of Guilt within the Contractual Liability and the Limitation of the Contractual Liability
Theoretical Considerations and Practical Aspects on the Institution of Guilt within the Contractual Liability and the Limitation of the Contractual Liability
Author(s): Oana Elena GheorgheSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: contractual liability; guilt; liability limitation; disclaimers
Summary/Abstract: The present paper aims to analyse the conditions that entail the contractual liability, in particular the existence of the guilt that generated long scientific debate, and as a result, the possibility of the parties to include in the contract clauses that exempt the liability for the damage caused by simple fault, negligence or imprudence or the impossibility of the parties to exclude or determine the limits of the liability for the material harm caused by an act committed with intent or serious misconduct.
Journal: Journal of Law and Public Administration
- Issue Year: IV/2018
- Issue No: 7
- Page Range: 43-49
- Page Count: 7
- Language: English