Când debitorul nu mai poate să plătească: Urgenţa în contractele de servicii (bancare)

Conf. univ. dr. Radu RIZOIU

Facultatea de Drept a Universităţii Bucureşti

Motto:

"Money, it’s a crime

Share it fairly, but don’t take a slice of my pie

Money, so they say

Is the root of all evil today"

When the debtor is unable to pay: Urgency in the (banking) services agreements

Summary: The recent medical crisis triggered by the SARS Cov-2 virus reopened the public debate on the effects force majeure has upon the (performance by the parties of the) contractual obligations. Aside of (re)discovering the legal conditions required for an event to be qualified as force majeure, the legal issues raised by the effects of such event were more urgent. The fact that the Government passed special (albeit temporary) regulations seemingly altering the general rules added to the complexity of the analysis.

In this paper we tried to capture those elements that are specific to the effects a force majeure event has on the...