Hardship in the regulation of the Romanian Civil Code

Abstract

The Romanian Civil Code attenuates the principle of binding force of conventions, by regulating contingency, a source of economic imbalance between the services of the parties, which occurs during their execution. The exceptional situation in which the debtor finds himself influences the contractual ensemble, the parties being obliged to renegotiate, in order to adapt the legal relationship to the new circumstances. In the absence of a result, everything will depend on the judge, whose task is is to impose the contractual justice by rightfully dispensing the results of the new factual situation in which the parties find themselves.