Stabilirea şi ajustarea preţului contractual de către un terţ

Cornel POPA

Avocat asociat, Ţuca Zbârcea & Asociaţii

ABSTRACT

In the absence of an agreement by the parties on a price which is determined or determinable there is a risk that their contract be deemed null and void. There may exist practical and diverse reasons for which the parties though do not clarify the amount of the price or at least the criteria for the calculation of the price, such as the lack of sufficient information regarding the value of the relevant good or service, the impossibility to predict the need for certain works or services which are additional to those initially provided for in the contract or even the lack of time for the negotiation of the price. The Civil Code of Romania, which is heavily inspired, inter alia, by the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, provides for various mechanisms for the safeguard of the legal validity of the...