RISCUL CONTRACTULUI ÎN REGLEMENTAREA NOULUI COD CIVIL
CONTRACT RISK IN THE REGULATION OF THE NEW CIVIL CODE

Summary/Abstract: The idea of risk must be analysed in triple sense: the risk of property destruction, the risk of fortuitous impossibility to performance the obligation and the risk of fortuitous inability to perform the contract. The new Civil Code led by new legislative to a uniform approach regarding the risk of contract non-fortuitous. So, into the contracts regarding the translative property was dropped the rule of “res domino risk” and now the new rules provides that the risk is assumed by the debtor of the obligation to give, obligation that is impossible to be executed.

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