Contract revision in Romanian law system. YES to revision Cover Image
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Revizuirea contractului în dreptul român. PRO revizuire
Contract revision in Romanian law system. YES to revision

Author(s): Doru Trăilă, Bogdan Moroșan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: revision of the contract; equity; contractual balance; abuse and consumer contracts; contractual solidarity; unpredictability;

Summary/Abstract: The contract is an instrument available to the parties through which they realize an interest they have at a given time. As much as we would like to believe the opposite, at the conclusion of the contracts the parties are not animated by the desire to legally oblige, but they are based on an economic interest. By the conclusion of the contract, the individual will becomes common, but at the same time, each of the parties will achieve that interest for which he has concluded the contract. Ideally, each of the parties would act in good faith both at the conclusion of the contract and during its performance, the parties cooperating for the most favourable conditions of the contract. In reality, however, there are many situations when, for different reasons, this does not happen, one of the parties seeking to maximize their profit to the detriment of the other party, or simply taking advantage of the inferiority of the contractor. Thus, a series of principles have been developed, causes that allow these situations to be corrected by reviewing the effects of the contract.

  • Issue Year: 2019
  • Issue No: 07
  • Page Range: 387-392
  • Page Count: 6
  • Language: Romanian