Specificul despăgubirilor în materia impreviziunii contractuale

Conf. univ. dr. Cristina-Elisabeta ZAMŞA

Facultatea de Drept, Universitatea din Bucureşti

Specificity of damages in the field of contractual unpredictability

Abstract: The unpredictability is objective both in terms of verifyng the conditions and in the application of its effetct, both steps being extraneois to the idea of sanctioning the conduct of one of the paties, possibly by orrdering the payment of liabilities or compensation. However, certain situations inherent to the unpredictability mechanism are identifiable wich allow the issue of compansation awarded either as compansation for damages or as compensatory indemnity. These situations may arise at the stage of verifying the conditions of unpredictability (failure to comply with the obligation to negotiate) at the stage of implementation of the effects of the unpredictability, on the occasion of judicial adaptation or termination of the contract, or on the occasion of...