The Relation Between the Principle of Binding Force and Imprevision in Terms of the Law No. 77/2016
The Relation Between the Principle of Binding Force and Imprevision in Terms of the Law No. 77/2016

Summary/Abstract: There are situations when the interference between one and another legal institution or their overlapping may create effects with a greater or smaller legal impact, but in any case with some social resonance. One of these cases was created by the Law no. 77/2016 on the give in payment of certain immovable goods in order to extinguish the obligations undertaken by credits, which introduced to the internal legal landscape a new legal institution, particular and derogatory from the common law, a form of give in payment, applicable to situations, categories of beneficiaries and strictly determined objects. Or, the give in payment procedure regulated by the Law no. 77/2016 has as grounds and functional mechanism the institution of imprevision, as particular, derogatory from the common law, and the debtor’s possibility to choose to opt out of the contract relation through the give in payment is generated by this particular form of imprevision.

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