Observaţii privind minimizarea prejudiciului în materie contractuală
Short remarks on the mitigation of damages rule in contractual matters

Summary/Abstract: One of the novelties found in the new Romanian Civil Code in the field of liability regards the non recoverability, by the creditor, of the damages for the loss arising out from the debtor’s breach of contract, but which he could have avoided through reasonable action. The solution, found in article 1.534 paragraph (2) of the Civil Code, follows an existing trend in comparative and supra national law, but also raises some difficulties. In a comparative approach, the article highlights and discusses the justifications for the new rule, the requirements for its implementation and its effects, trying to bring more clarity as regards the content and the modus operandi of the mitigation of damages in contractual matters.

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