Configuraţia impreviziunii în Codul civil (Legea nr. 287/2009, republicată)

GEORGEANA VIOREL*

* viorelliviu21@yahoo.com

Judecător stagiar - Judecătoria Mizil

LIVIU-ALEXANDRU VIOREL**

** viorelliviu21@yahoo.com

Avocat - Baroul Bucureşti

ABSTRACT

Hardship (as grounds for contractual amendment or termination thereof, even in default of contractual provisions in this respect) had not been legally regulated under the former Romanian Civil Code (dated 1864), but only under some special laws.

However, during the past two decades, there was shaped in legal doctrine and the Romanian reference jurisprudence a theory of hardship (as shown), which substituted, in part and controversially, the legal deficiency in the matter.

This deficiency wore away by the entry into force of the new Civil Code (Law no. 287/2009, republished on July 15^th, 2011 and enforced on October 10th, 2011), which, by a single fundamental wording (Article 1271, entitled "Hardship") regulates the conditions under which the Court may...