Standardul, impreviziunea şi riscul în materia obligaţiilor contractuale. Scurt exerciţiu de corelare
Standard, hardship and risk in the matter of contractual obligations. Brief exercise of correlation

Summary/Abstract: In this article, we intended to describe the implications of the standard over three judicial concepts: the object of obligation, the risk and the hardship. This gave us the opportunity to notice that the possible obstacles faced by the debtor when performing the obligation may be classified into three classes: alea normal of the agreement, risk events (for instance, of force majeure, in the broad sense) and events of hardship. The first class events should be overcome without any discussion, by the debtor, as their risk is attributed exclusively to it. Events of force majeure, in the broad sense, should not be overcome, as their risk – from the perspective of obligation, not from that of the agreement in its entirety – shall be the exclusive responsibility of the creditor. Finally, the events of the last class are related to both parties’ risk, and the agreement may be adjusted subsequently thereto, based on the hardship theory. Moreover, we have noticed that the absolute result obligations (for instance, those obligations the object of which contains only the result, and not the conduct focused on it) are likely to trigger neither the risk, nor the hardship, as, on the one hand, their subject matter is not defined by way of the standard and, on the other hand, those two institutions – the risk and the hardship – are dependent on the standard.

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