Revizuirea contractului în dreptul român. CONTRA revizuire
Contract revision in Romanian law system. NO to revision

Summary/Abstract: Any society is based on the relations between its members, relationships that, viewed through the prism of law, are transformed into legal relationships. In these circumstances, we consider that engaging in legal relationships is not an end in itself, as the right comes to support the development of social relations. The problem also arises when we refer to the contract. However, the conclusion of the contract is not an end in itself of the parties, but a means by which they realize a certain interest that they have at a given moment. This interest is transposed into law under the concept of cause of the contract: "why?" (Art. 1235 Civil Code). Therefore, upon the conclusion of the contract is the will of the parties. Of course, the will of the parties cannot be absolute, since in any modern society the individual, private interest must be reconciled with the collective interest of the whole society. Regarding the revision of the contracts, we must bear in mind that this refers to the modification of the configuration of the contract that the parties gave at the time of its conclusion, either with regard to the essential elements of the contract or with regard to its secondary elements.

• Details
• Contents