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

Abstract

"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 performance of the banking services agreement. We focused on the various forms of banking credit operations as well as on some forms of deposit of funds. We noticed that the effect of the force majeure can be much flattened (until it can be mostly ignored) when the subject matter of the contract concerns (amounts of money) looked at as essentially fungible goods."