Hardship. Comparative Law
Hardship. Comparative Law
Author(s): Gabriel Tiţa-NicolescuSubject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Editura Universitatii Transilvania din Brasov
Keywords: principle of binding effects of contracts; exceptions from principle of the binding effects of contract; hardship; excessively onerous obligations; contract renegotiation;
Summary/Abstract: The new Civil Code brings important innovations with regard to the effects of a contract, as some of them are regulated for the first time in our legislation, such as the doctrine of hardship or unilateral termination of a contract. Below we will deal with one of these exceptions from the principle of a relative contract by referring to the sources of comparative law and highlighting especially the unusual aspects that are worth special attention in legal literature; certainly, we expect that the case-law have a decisive contribution to the clarification of the aspects in question by the resolutions to be passed.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 11/2018
- Issue No: 2-Suppl
- Page Range: 209-219
- Page Count: 11
- Language: English