CONSIDERATIONS ON THE POSITIVE LAW INSTITUTIONS THAT MAY AFFECT THE EXECUTION OF CONSTRUCTION CONTRACTS
CONSIDERATIONS ON THE POSITIVE LAW INSTITUTIONS THAT MAY AFFECT THE EXECUTION OF CONSTRUCTION CONTRACTS

Summary/Abstract: Considering the current COVID 19 pandemic, but not limited to this exceptional situation, contractors can experience different types of setbacks that may result in the impossibility to complete the works they have undertaken by a contract, either in due time, or at all. Positive law institutions, regulated in both common and continental law systems may help adjusting these conditions, taking into account particular situations that constructors might encounter. Thus, generally determined institutions, such as force majeure, hardship, imprevision, frustration or even the impossibility might lawfully intervene in such contracts, depending on the circumstances of each case, and also taking into account the positive law under which the contract is drafted. By this study, we aim to analyze the impact of the above-mentioned institutions on construction agreements, that in general imply a longer execution term and thus, must usually be drafted taking into account these clauses. The study mainly concentrates on the Romanian regulations in force, but also takes into account the international dimension, as we are also looking at common law institutions that are generally recognized by international practice.

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