UNFORESEEABILITY ACCORDING TO THE REGULATIONS OF THE ROMANIAN CIVIL CODE. LEGAL NATURE
Journal Title: Challenges of the Knowledge Society - Year 2013, Vol 3, Issue 0
Abstract
Unforseeability is regulated for the first time within the Romanian legal system, by the Civil Code, at article 1271, which integrates it to the effects of the contract between parties. On the basis of the legal norms included by the Civil Code, specialized doctrine and legal literature, the present study aims to carry out a monographic approach, aiming to determine the specific legal nature of unforseeability – considered exception from the “compulsory force” of a contract, cause authorized by law for adapting or terminating a contract, reason for revising the effects of contracts concluded, subject to the restrictive regime instituted by article 1271 of the Civil Code, having to respect the requirements of special law, when they exist; although unforseeability is a cause for adapting a contract, it is nonetheless subsidiary to the legal will of the parties. It must be stressed the usefulness of the present study with a monographic character, under the circumstances in which legal doctrine approaches unforseeability mainly from the perspective of its legal effects, which overcome here the theme of the study.
Authors and Affiliations
RADA POSTOLACHE
RIGHTS CONTENT ON DESIGNS
Our intellect characterizes us and helps us make a difference in life. Due to our intellect we can understand the world around us, our personality is shaped and developed and, depending on such development, we can learn...
HARMONIZING PHASE OF THE ROMANIAN LEGISLATION REGARDING PERFORMERS’ RELATED RIGHTS
The Copyright System as established by the Bern Convention for the Protection of Literary and Artistic Works, did not provide the necessary protection to those “parties” involved in bringing the work to the public, altho...
WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT FRAMEWORK LEGISLATION AND MANAGEMENT SYSTEM IN EUROPE
Waste electrical and electronic equipment (WEEE) has become one of the most significant waste streams due to the increasing amounts and environmental impact. It is very important to know how to manage the WEEE quantities...
FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
Physical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace...
MARKETING STRATEGIES IN PUBLIC INSTITUTIONS – FASHION OR NECESSITY?
The marketing strategy, as core of the marketing policy, in the contemporary society and in the public institution, becomes a necessity not just a fashion. We undertake to reinforce this statement by arguments and to out...